
Book -^^ 



16 E ^ 

OFFICIAL DONATION. 



LAWS OF WISCONSIN -i^-i 



RELATING TO 



COMMON SCHOOLS 

INCLUDING FREE HIGH SCHOOLS; 



^ ALSO, THOSE EELATING TO 



Normal Schools and tlie University. 



COMPILED FROM THE REVISED STATUTES OP 1878, AND THE LAWS OF 
187&-1885, INCLUSIVE, and published in PURSUANCE OF LAW, 



UNDER THE DIRECTION OF 

ROBERT GRAHAM, 

Siate Superintendent. 



DWISIOH Of UU^^ 



MADISON, WIS.: 

DEMOCRAT PRINTING CO., STATE PRINTERS. 

1885. 



TO SCHOOL OFFICERS. 

This volume is public property, and belongs to the school- 
district, or town, or high school-district, or city, or county 
superintendent district to which it is sent. The volume sent 
to the district clerk is to be kept by him in his office, for his 
own use and that of the other members of the board, but 
may be loaned by him to any voter of the district, to be 
retained not exceeding five days. If an annual, special, or 
adjourned meeting is to take place within ten days, this 
book should not be loaned to any person, but retained by the 
clerk, and produced by him at such meeting for consultation 
by the voters. 

In like manner the volume furnished to each town clerk 
is to be kept by him in his office, for his official use and that 
of the board of supervisors. 

When sent to any school officer, he holds it only in his 
official capacity, and it should be carefully preserved and 
handed over to his successor in office. 



MAR 5 1301 
D, of D, 



NOTE TO THE READER. 

A new edition of the School Code was rendered necessary 
in consequence of the changes made in the school laws, in 
the general revision of the statutes, and was prepared by 
direction of the state superintendent, in 1878. An edition 
supplementary to that was published in 1880. Since that 
date several important changes in the school laws have been 
made, and on this account, as well as because the former 
edition is exhausted, a new edition has become necessary, 
and is designed to meet the call from new districts and oth- 
erwise. 

In this edition, 'the laws relating to common schools, free 
high schools, normal schools, and University of Wisconsin, 
as well as those relating to county superintendents, and 
teachers' institutes, as amended by legislation subsequent to 
that embodied in the revised statutes of ] 878 and including 
that of 1885, are included. 

The sections of the former codes — 22 to 30 — which pro- 
vided for union districts, were omitted in the revision, hav- 
ing become obsolete and useless, and the object intended to 
be accomplished by them being better reached by the free 
high school and the township laws. The sections of the 
old codes — 64 to 71 — providing for the assessment and col- 
lection of special district taxes by the district officers, in 
certain cases, were omitted; and provision was made, in 
section 471, for borrowing money, in anticipation of the col- 
lection of such taxes in the usual way. 

The compulsory school law of 1879 will be found in this 
edition, commencing on page 64. It also embraces the 
changes made in the free high school law, in 1879, 1883, and 
in 1885. 

No material changes in the comments or forms of 
former editions have been made, except when made neces- 
sary by changes in the law or recent decisions of courts. 

A table of contents on the next page, and an index at the 
close of the volume facilitate reference. 



CONTENTS. 



L FoEMATiON, Alteration and Powers op Districts, - 1-45 

II. District Officers — District Board, - - - 45-75 

III. Certificates and Examinations, 75-87 

IV. The County Superintendent, ' 87-98 

V. Reports, 98-104 

VI. Duties op Town Clerk and Treasurer, - - - 104-106 

VII. District Taxes, 106-109 

VIII. Borrowing Money, - 109-113 

IX. Establishment op School-House Sites, - - - 113-115 

X. Libraries, 115-119 

XI. Judgments against School-Districts, - . - 119-130 

XII. Free High Schools, 130-138 

XIII. Appeals, - - 138-135 

XIV. Penalties and Miscellaneous Laws, - - - - 135-140 
XV. Township System of School Government, - - 140-153 

XVI. Op the Distribution op the School Fund Income, - 153-157 

XVII. Op the University, 157-161 

XVIII. Op Normal Schools and Academies, - . - - 161-168 

XIX. The State Superintendent, - - - - - 168-170 

XX. Constitutional Provisions, 171-173 

XXI. Forms, 173-300 



Laws Relating to Common Schools. 



Chapter 27, Revised Statutes of 1878. 

I.— FORMATION, ALTERATION, MEETINGS, AND 
POWERS OF DISTRICTS. 



FORMATION OF DISTRICTS, 

As Amended hij Chapter 355 Laios of 1885. 

Sectiox 412. The town board in each town in this state" 
shall have power to form and alter districts in the manner 
hereinafter set forth: provided that every school district 
shall be of contiguous territory, and shall not embrace more 
than thirty-six square miles of land, and that whenever any 
school district which has by vote contracted a debt, shall be^ 
altered by taking territory from it before such debt is fully 
paid, no such alteration shall be made as to leave to the dis- 
trict from which such territory is taken an indebtedness- 
exceeding five per centum on the value of the taxable prop- 
erty therein, to be ascertained by the last assessment for- 
state and county taxes previous to the incurring of suchi 
indebtedness. 

The restriction as to the size of districts was enacted in 
18G8. The law now specifically requires that every district 
shall consist of contiguous territory. A district may be of 
any convenient form, provided it does not embrace more 
territory than the law allows, and provided its territory all 
lies in one body ; but it should be as compact in form as ths 
natural features of the country will permit. It should also 
be as large as a proper regard to .the distance to be traveled 
will allow, in order that it may be able to sustain a good 
school without resorting to burdensome taxation. The com- 
mon desire for small districts should not be gratified at the 
expense of the welfare of the school. It is better that chil- 
dren should travel two or three miles to attend a good 
school, than half a mile to attend a poor one. The provision 



that districts which have by vote contracted a debt shall not 
be altered until the debt is paid, is repealed, and provision 
is made that by alteration, no district shall be left with an 
indebtedness exceeding five per centum of the value of the 
taxable property therein. 

By section 263, revised statutes, no district which is 
indebted to the trust funds of the state can be altered by 
taking therefrom any land included therein at the time of 
obtaining such loan, until such loan is fully paid, without 
the consent of the land commissioners of the state, and only 
upon such terms as they shall prescribe. 

Section 413. The formation of any such school-district 
shall be by written order of the town board, describing the 
territory embraced in the same, to be filed with the town 
clerk within twenty days after the making thereof. The 
supervisors shall deliver to a taxable inhabitant of the district 
their notice thereof in writing, describing its boundaries, and 
appointing a time and place for the first district meeting, 
and shall therein direct such inhabitant to notify every 
qualified voter of the district, either personally or by leaving 
a written notice at his place of residence, of the time and 
place of such meeting, at least five days before the time 
appointed therefor, and said inhabitant shall notify the 
voters of such district accordingly, and indorse thereon a 
return containing the names of all persons thus notified, and 
said notice and return shall be recorded as a part of the 
record of the first meeting in such district. 

The order for forming a school-district must be made at 
a meeting of the board, of which all have been notified, and 
should be so clear and distinct that the boundaries of the 
district may be readily traced. The district should be de- 
scribed, therefore, by the government surveys; but reference 
may be made also, if necessary, to natural features, such as 
rivers, lakes, marked trees, etc., or to highways or town 
lines. A school-district, in the sense now under considera- 
tion, consists of territoi^y and not of persons. The territory 
should be so described that changes of ownership will not 
require any change in the description.* 

When new districts are formed out of new territory, the 
order may be filed immediately, and the notice delivered to 
a taxable inhabitant without delay. If the order is not filed 

*See Form No. 1. 



in twenty days, as directed, it should nevertheless be filed. 
The delay does not invalidate the order. 

If the formation of a new district involves the alteration 
of the boundaries of any other district, consent must be 
obtained to each such alteration, as provided in section 419, 
or the order of formation cannot take effect for three 
months. The same section also provides that no alteration 
of a district can be made to take effect between the first day 
of December and the first day of April following. The mat- 
ter is resumed in the comments on section 419, which pre- 
scribes the mode of alteration of districts, the notices to be 
given, etc. 

A taxable inhabitant is one liable to pay a tax. If practi- 
cable, the notice delivered to this inhabitant should be read 
in the hearing of each voter. If this is not practicable, a 
copy of the notice left at the voter's residence will answer. 
In case of doubt in regard to any inhabitant of the proposed 
district, the question may be asked if he is a legal voter; 
and if the right to vote is claimed by him or for him, or 
seems to be doubtful, the notice should be given. This con- 
fers no right to vote, if the right does not already exist.* 

The day upon which any legal notice is served is not 
counted in computing the time required. Since, in this case, 
five days' notice must be given, the notice must be served 
on each voter as early, at least, as the sixth day before the 
time named for the meeting. Any neglect to notify all, or 
to notify in season, even if unintentional, may create dis- 
satisfaction and lead to an appeal. 

Not only the names of all persons notified, but the man- 
ner in which the notice was given to them must be em- 
braced in the return made. ''All returning officers are 
ministerial, and are bound to set forth in their returns all 
acts done by them, that the proper tribmial may judge of 
their sufficiency. They are not competent to judge of the 
legality of a notice or service; and a return that a precept 
has been legally served, or that the duty enjoined by the 
warrant had been duly performed, would most clearly be 
insufficient." f 

*See Forms Nos. 2 and 3. tl2 Pick., 206. 



The return is to be indorsed on the notice read to the voters, 
and signed by the person giving the notices. The document 
should be produced at the first meeting, and filed with the 
records of the district.* 

Section 414. In case such notice shall not be given, or the 
inhabitants of a district shall neglect or refuse to assemble 
and form a district meeting when so notified, or in case any 
school district, having been formed or organized, shall after- 
wards be disorganized, so that no competent authority shall 
exist therein to call a special district meeting in the manner 
herein provided, notice shall be given by the town board, 
and served in the manner prescribed in the preceding sec- 
tion. Whenever a district meeting shall be called as pre- 
scribed in this and the preceding section, it shall be the duty 
of the electors of the district to assemble at the time and 
place so directed. I 

Three contingencies are provided for in this section : first, 
a neglect on the part of the person appointed to give the 
notice ; second, a neglect or refusal of the voters to meet and 
organize the district ; third, the loss of the organization of 
the district, by the removal or death of all its officers, or in 
any other way. In any one of these cases, the supervisors 
are to call a meeting, as provided in section 413. 

The electors of the district are those persons who have a 
legal residence in the district, and who are qualified to vote 
at a general election for state and county officers. This 
matter is further considered under section 428. 

It is the duty of all the electors to attend a district meet- 
ing called by the town board, to organize or reorganize the 
district ; but the acts of those who assemble are binding 
upon those who stay away. A full attendance is desirable, 
and persons entitled to vote should be present, when ap- 
prised of the meeting. 

The first thing to be done, after the meeting has been 
called to order, is to elect a chairman ; a clerk pro tern. 
should also be chosen. The meeting is then organized to do 
business, and ready to elect the district officers, a director 
treasurer, and clerk, as provided in section 431. The further 
action of the meeting, proper to be had, can best be seen 
after reading section 416, and the comments thereon. 

*See Form No. 4. X See Form No. 5. 



FORMATION OF JOINT DISTRICTS. 

Section 4 Lo. Whenever it shall be necessary to form a 
district from two or more adjoining towns, the town boards 
of such towns shall meet together and form such district by 
their written order, describing the territory embraced in 
such district, signed by at least two of the supervisors of 
each town ; and shall file one such order with the town clerk 
of each town, and deliver the notice of formation to a tax- 
able inhabitant of such district, and cause the same to be 
served and returned in the time and manner hereinbefore 
prescribed ; and any such district may be altered only by 
the joint action of the town boards of such towns in the same 
manner that other districts are altered.* 

Ordinary districts may become joint districts by the 
division of a town, without any further action, f 

If a joint district is to be formed, the supervisors of all the 
towns concerned must meet. An order of formation with- 
out such joint meeting is illegal, and would be set aside on 
appeal, although the requisite signatures might be obtained. 
An order forming a joint district, must alsp be assented to 
and signed by a majority of the supervisors of each of the 
towns in which any part of the district is situated. Each 
town board acts and votes for its own town only, and there 
must be a majority of each board. 

The notice for the first meeting of a joint district must 
likewise be signed by a majority of the supervisors of each 
of the towns containing part of the district, and the order 
of formation must be recorded in the office of each of the 
town clerks. 

Again, if a joint district is to be altered, or dissolved, in 
order to form a new district in one of the towns, or for any 
other purpose, the order altering or dissolving the old dis- 
trict must be signed by a majority of the supervisors of each 
of the town? affected. If the joint district is dissolved, the 
territory should by the same order be attached to another 
district or other districts. If the new district is a joint dis- 
trict, the order forming it must be signed by a majority of 
the supervisors of each town that contains a part of said 
new district. 

*See Form No. 6. f 35 Wis., 178. 



) A ^ J I /CHAPTER 280, LAWS OF 1882. ^ . . 

4^ fh^-uy^^d^^h Cha4iii^*>^^^^ j^i%jLc^^ /fi'7- 

Section 1. Whenever an application in writing, for an 
alteration to be made in the boundaries of any joint school- 
district, signed by not less than one-third of the lawful 
voters residing in the districts to be affected by the proposed 
alteration, shall be presented to the chairman of supervisors 
of the town in which the school house of such joint district 
may be situated, such chairman sh?.ll thereupon fix a time 
for the joint meeting of the town boards of the towns in 
which such joint school-district may be situated, which time 
shall not be less than ten nor more than twenty days after 
the presentation to him of such application. He shall also 
i^ cause a notice of the time and place of such meeting to be 
'•^ V given to each supervisor entitled to be present thereat, which 
notice shall be served at least five days prior to the date 
fixed for such meeting. Such meeting shall be held at the 
school house in such joint district, unless some other con- 
venient place shall be designated in the notice therefor. 

Section 2. If the chairman of supervisors to whom such 
application shall be presentefl shall neglect or refuse to fix 
the time, or to give notice for the meeting of the town boards 
as provided in the first section of this act, or if the said 
supervisors or a majority thereof, of any town in which a 
part of said joint district may be situated, shall neglect or 
refuse to be present at such meeting ; or, being present, 
shall neglect or refuse to hear and decide upon such appli- 
cation, the application shall be deemed denied, and an appeal 
may be had therefrom in the same manner and with the 
like effect as in other cases of denial. 

Section 3. The provisions of sections 418, 419, 422 and 497 
of the revised statutes, shall, so far as may be applicable;, 
apply to proceedings under this act. 

This act provides a remedy, in the way of appeal to the 
state superintendent, where the officer whose duty it is to 
give notice of the time and place of meeting of supervisors 
for hearing and determining upon proposed alterations of 
joint school-districts, neglects or refuses to give such 
notice, and where supervisors neglect or refuse to attend 
such meeting when called. The act also specifies the pre- 
liminary steps to be taken by persons intending to make use 
of this remedy, by appeal, for neglect or refusal. Where 
there is no neglect or refusal to act tiiere is no, necessity for 
the petition of one-third of legal voters in*^ aaek district ^ 
affected, nor does this act prevent procedure under sections 
418, 419, 420 and 421 of the revised statutes. 



-^- #^ 



^.-^^^^^^^ 



ORGANIZATION OF A DISTRICT. 

Section 41G. Every school-district shall be deemed duly 
organized when any two of the officers elacted at the first 
legal meeting thereof shall have consented to serve in the 
offices to which they have been respectively elected, by a 
written acceptance thereof, filed with the clerk at the first 
meeting, and recorded in the minutes thereof ; and every 
school-district shall be considered as duly organized, after 
it shall have exercised the franchises and privileges of a dis- 
trict for the term of two years.* 

If two of the officers elected are present, and at once file 
their acceptances with the clerk of the meeting, and he re- 
cords them, the district is then duly organized, and may 
proceed to the transaction of any other business, as provided 
in section 430. The treasurer is not likely to file an approved 
bond at that time, but that can be done afterwards. If two 
of the officers do not then file their acceptances, the meeting 
should adjourn and await them. If the persons elected at 
the first meeting, or any of them, refuse to accept, the meet- 
ing may at once proceed to elect others. The same may be 
done at an adjourned meeting, if notice of refusal to serve 
is then received. The district should endeavor to effect a 
complete organization; but if after reasonable trial it fails 
to secure more than two officers by election, the two who 
have accepted may fill the vacancy. 

When a district has exercised the powers and enjoyed the 
privileges of a school-district for two years, it is held to be 
legally organized, notwithstanding any informality of pro- 
ceeding in its organization; and in the meantime, and until 
its organization is set aside by competent authority, it is the 
duty of its officers to comply with all the requirements of 
the school law. It is sufficient for them to know that it is a 
district de facto. After two years have elapsed, its organi- 
zation cannot be set aside on account of any alleged defect 
in its original formation or organization. 

CORPORATE POWERS OF DISTRICTS. 

Section 417. Every school-district organized in pursuance 
of this chapter, or which has been organized pursuant 
to law, shall be a body corporate, and shall possess the usual 

*See Form No. 7. 



powers of a corporation for public purposes, by the name 
and style of school-district, or joint school-district number 

(the name of the town or towns in which the district is 

situated); such number shall be designated by the town 
board or boards in the formation thereof; and in that name 
shall sue and be sued, and be capable of contracting and 
being contracted with, and of holding such real and personal 
estate, as is authorized to be purchased by law, and of sell- 
ing the same. 

A school-district, as a corporate body, has perpetual suc- 
cession and existence by its corporate name, and may hold 
real and personal estate for its corporate purposes. It is a 
body created by law, and is wholly distinct from the indi- 
viduals that may, from time to time, compose it. It does 
not become dissolved, or lose any of its rights, or become dis- 
charged of its obligations by a change of its name, number, 
or boundaries, or ^by becoming a joint district. (4 Wis., 79.) 
But the number of a district should not be changed where 
it can be avoided. 

Contracts made or suits brought by a district, and all 
writings in which it is a party, require that the name of the 
district should be mentioned: e. g., school-district number. 
four, town of Lincoln, Polk county. When district officers 
are specifically empowered by law to act, their names may 
be mentioned. 

ALTERATION OF DISTRICTS. 

Section 418. Whenever the town board shall contemplate 
an alteration of the boundaries of a school-district, they 
shall give at least five days' notice, in writing, to the clerk 
of the district or districts to be affected thereby, stating in 
such notice the time and place, when and where they will 
be present to decide upon such proposed alteration; and 
such clerk or clerks shall immediately notify the other 
m.embers of the board; and no territory shall be detached 
from any district, unless it be by the same order attached 
to another; and any district may be dissolved by attaching 
all its territory to other districts.* 

Great care should be exercised in giving the preliminary 
notices of alterations proposed, as the want of this may ren- 
der the proceedings of the supervisors illegal, and lead to 
an appeal. 

* See Form No. 8. 



9 

A written admission of service of the notice required by 
law, on the return of the person serving the notice, should 
be annexed to every order of alteration, and filed with it in 
the office of the town clerk, so that a complete history of 
the transaction may be preserved. 

It is to be observed that no territory can be detached from 
a district unless it is by the same order attached to another. 
In case the territory is detached from a joint district, the 
order of detachment must be signed by the boards of all the 
towns, although the territory be attached to a district wholly 
within one of the towns. 

It is also to be observed that a district may, at any time, 
be dissolved or.wholly extinguished, by reason of the attach- 
ment of all its territory to other districts. This action will 
often be advisable when several districts are found to be 
too feeble to support good schools, and can be reduced in 
number with advantage. When districts thus become dis- 
solved, the property pertaining to them is to be disposed of 
as provided in section 424. 

Section 419. In all cases where an alteration of the bound- 
aries of a school-district shall be made, the town board shall, 
within three days thereafter, give notice thereof by filing a 
copy of the order so altering the same, with the town clerk 
and with the clerks of the districts affected by such alter- 
ation; and no alteration of any school-district made without 
the consent of a majority of the district boards, indorsed on 
such order, shall take effect until three months after notice 
given as above specified, unless such alteration is made in 
compliance with the order of the state superintendent given 
in the decision of an appeal; nor shall any alteration of 
an organized district be made to take effect between the 
first day of December in any year, and the first day of April 
following.* 

Delay in giving the notices required in this section does 
not render the previous action of the supervisors void, as it 
is merely matter of information of an act done; neverthe- 
less, the notices should be promptly given. 

Copies of all orders making alterations in joint districts 
must be filed in the offices of the clerks of all the towns of 
which the districts altered constitute a part. Unless this is 
done, the supervisors of one town are unable to know the 

* See Form No. 9. 



10 

boundaries of a joint district without consulting the records 
of another town in which they have no controh 

The action of the supervisors in altering districts is usually 
based upon petition, but they are to act without, when in 
their judgment the interests of education require it. It is 
their duty to make such alterations as will best promote the 
welfare of the public schools, even though not asked to do 
it. As a general rule, however, they will seek to consolidate 
rather than to divide districts, to make them as large as 
practicable and to avoid joint districts, unless very nec- 
essary. 

The order of alteration is an official act, and must result 
from a resolution of a majority of the board, adopted at a 
meeting at which all are present, or of which all have been 
notified. A due sense of propriety, however, will lead a 
supervisor having a personal interest in any proposed altera- 
tion of a district to avoid acting in that case. It is better 
that the other members of the board should decide it with- 
out him. At the same time it is not illegal for him to be 
present and vote, and proceedings cannot be set aside on 
appeal on this account. 

The reason for alteration of districts is, not unf requently, 
that an additional district may be formed from territory 
taken from them. If the district board of any district from 
which a portion of the territory embraced in a new district 
is taken, refuses to consent to the alteration, the order of 
the supervisors does not take effect till three months after 
the notice is given, and the supervisors are not obliged to 
deliver the notice to a taxable inhabitant, calling the first 
meeting of the voters of the new district, till twenty days 
after said order takes efl^ect; but such notice may be given 
at any time after the order is issued, provided that it does 
not call the meeting until the three months have expired. 
No action can be taken by the voters of the new district 
until the order of formation takes effect, for the reason that 
before that time there isi no new district, and the people and 
the territory retain the same condition, and sustain the 
same relations that they did before the order forming the 
new district was issued. So in regard to districts formed 



11 

from other districts between the first day of December and 
the first day of April following; the alterations cannot take 
effect, nor the first meeting of the new district be held^ till 
the first of April, or thereafter. 

But whatever the purpose of the alteration of a district, 
the two restrictions exist. The reasons for the restrictions 
are, on the one hand, to prevent districts from being altered 
too summarily, without the consent of the board, and on the 
other, to avoid interference with the winter schools. See 
also the restriction as to debt. Sec. 412 and Sec. 263. 

In regard to the duties of town boards in the matter of 
the formation or alteration of school districts, the general 
remark may b.e made, that while discretionary power is 
given them to act or not act, in any particular case, they are 
to exercise their discretion, not with regard to their own 
convenience, but the public good. Unreasonable requests 
for action are sometimes made, and to hold a meeting, 
especially of two or more boards, may be both inconvenient 
and expensive, but when a petition, respectably signed and 
presenting apparent^"" good reasons for action, is submitted, 
the request for a meeting and for action should not be un- 
reasonably denied. If the action desired is not granted, 
after proper examination, at a legal meeting, the petitioners 
then have the right of appeal; but if there is no meeting 
and no decision, they have not. 

Special provision is now made by law for appeals in case 
of joint school-districts, where boards of supervisors neglect 
or refuse to meet to hear and determine applications for 
alterations of such districts, or where the chairman of the 
proper town fails to give the proper notice for such meeting, 
H i 1 1 1i ipli I -^nn l ii H iin of IffS^nn pnr -"***^ — —v,^,,.. ..'- 

It is also to be noted, that when supervisors act on a peti- 
tion, they are not confined to the terms of the petition. If 
a certain amount of territory is asked, they may grant more 
or less, provided the required notices have been given to the 
clerks of all the districts to be affected by the action. 

DIVISION OF PROPERTY. 

Section 420. When a new district is formed, in whole or 
in part, from one or more districts possessed of a school- 



12 

house or entitled to other property, the town board, at the 
time of forming such new district, shall ascertain and deter- 
mine the proportion of the value of the school-house and 
other property, justly due to such new district, according to 
the taxable property of the respective parts of such former 
district, at the time of the division, by the best evidence 
within their reach, and such amount of any debt due from 
the former district, which would have been a charge upon 
the new, had it remained in the former district, shall be de- 
ducted from such proportion. 

Section 421. The town board shall certify to the district 
clerk of each district retaining a school-house or other prop- 
erty, the amount ascertained by them as the proportion to be 
paid to the new district, and such amount shall be embodied 
in the next statement of taxes to be made by the district 
clerk to the town clerk, as required by section four hundred 
and seventy- two, and shall be collected and paid to the treas- 
urer of the new district, to be applied toward providing a 
school-house therefor; and the money so received shall be 
allowed to the credit of the taxable property, taken from the 
district paying the same, in reduction of any tax that may 
be imposed on said taxable property in the new district for 
the building of the school-house; but in case the new dis- 
trict shall have raised a tax and provided a school-house 
before such money shall have been received, the treasurer of 
the new district, who shall receive or have the amount so 
paid him or his predecessor, shall pay on demand each 
tax-payer the amount actually paid by him in school-house 
taxes, in excess of the amount he would have paid, if the 
money had been received and credit given before such taxes 
were collected, and the treasurer shall be liable therefor on 
his official bond.* 

The two foregoing sections have reference to cases in which 
new districts are formed from territory detached from dis- 
tricts possessed of a school-house or other property. When 
territory is merely transferred from one district to another, 
no claim will lie against the district yielding territory on ac- 
count of property. 

By "property" is meant lands, tenements, hereditaments, 
money, goods, chattels, things in action, and evidences of 
debt. The division of the share of the income of the school 
fund that may be due the district, is provided for, in a cer- 
tain case, in section 558. 

The appraisal and award should be made at the time of 

*See form No. 10. 



18 

the formation of the new district but will be legal if neces- 
sarily delayed. 

If the duty is wholly neglected by the supervisors ; or, the 
award being made by them, if the clerk of the old district 
neglects his duty, the remedy in either case is by mandamus. 

No vote of the old district is required to raise the amount 
to Avhich the new district becomes entitled under the action 
contemplated by section 421. This tax cannot be collected 
as a special district tax ; it must be returned to the town 
clerk by the district clerk, as certified to him by the town 
board. 

In case the new district shall decide to build a school- 
house and shall raise a tax for this purpose, the law provides 
that the amount paid by the old district shall be paid to the 
persons liable to be taxed, residing in that part of the new 
district formerly belonging to the old, so as to equal the 
abatement that would have been made in the tax levied 
upon the property of such persons, had the tax contemplated 
by section -421 been raised and paid over, before the school- 
house tax for the new district was levied. 

DISTRICTS PARTLY IN CITIES AND VILLAGES. 

Section 422 . Whenever any school-district shall lie partly 
in a city, or village incorporated by special act, and partly 
in an adjoining town or towns, the common council of such 
city or trustees of such village and the town boards of such 
towns may alter or extinguish the same in the manner in 
which any other joint school-district may be altered or ex- 
tinguished ; but no new joint district shall be formed, which 
shall embrace any part of a city. 

This section makes express provision for a particular class 
of joint districts, and forbids the formation of any new joint 
district which shall embrace part of a city. 

It also takes the place of chapter eighty-two of the gen- 
eral laws of 1873. 

Section 423. Whenever any school district for two or 
more successive years neglects to maintain a public school 
as required by law, the town board of the town, embracing 
the district, shall attach the same to such other adjoining 
district or districts in the town as they shall judge proper; 
and if the district be a joint district, then the town boards 
of the several towns shall attach the respective parts thereof 
to other districts in their respective tow^ns. 



14 

Section 418 gives power to the town board to extinguish a 
district at any time by attaching its territory to other dis- 
tricts; but it will be seen from this section that it is their duty 
to extinguish such districts as fail to maintain a school for 
two years. The mere neglect or failure to elect officers does 
not extinguish the district. The organization may be re- 
stored, as provided in section 414. 

Section 424. In every case where a district shall become 
dissolved by reason of the attachment of all its territory to 
some other district or districts, the town boards of the 
several towns embracing such district shall take charge of 
the property belonging to the same at the time of its disso- 
lution, dispose of the same by grant or otherwise, and apply 
the proceeds to the discharge of its debts, paying over the 
remainder, if any, to the treasurers of the districts to which 
the territory has been attached, in proportion to the valua- 
tion of the property attached to each, as appears from the 
last tax rolls of the respective towns. 

A district is extinguished or dissolved only when its parts 
are attached to other districts so that no part of the original 
district remains. If any part of it remains as a distinct dis- 
trict, although its name and number may be changed, it is 
not dissolved in the sense contemplated by law.* 

In case a joint district is dissolved, the supervisors of the 
towns in which the different parts of such district are 
situated, should unite in the sale of the property, and in 
executing the deeds of the real estate. 

If the supervisors proceed to sell any property formerly 
belonging to a district that has become dissolved, they 
should require cash payment, and should give notice that a 
condition of the sale is the full payment within a limited 
number of hours — and that if such payment is not made, 
the property will be offered again for sale without further 
notice. All conditions of sale should be mentioned in the 
posted notices. 

The supervisors are first to apply the proceeds of the sales 
to the payment of the debts of the district extinguished. 
These debts must be ascertained from the district board of 
such district, and no money should be paid except upon a 

*See the comments on Section 417. 



15 

written order of a majority of the district board. If debts 
are claimed which a majority of tha district board will not 
admit, the amount thus claimed may be retained by the su- 
pervisors, until the legal proceedings commenced for the col- 
lection of the same have been concluded. 

The last assessment roll is that upon which a tax has been 
or may be legally raised, and should be made the basis for 
the apportionment of the balance of monej' remaining after 
all the debts of an extinguished district are paid. In case 
there is an unexpended tax found in the hands of the treas- 
urer of the extinguished district, the equitable mode of dis- 
tribution is to pay over to the treasurers of the districts to 
which the territory has been attached, the proportionate 
amount contributed by such territory. If, however, there is 
found belonging to the extinguished disurict money derived 
from the town tax for schools, or from the income of the 
common school fund, such money should be distributed to 
the districts in proportion to the number of children over 
four and under twenty years of age, residing in the parts 
annexed to them respectively. 

Though the statute specifies no time within which the su- 
pervisors are required to dispose of the property of an ex- 
tinguished district, there can be no valid reason for any 
longer delay than is necessary to ascertain the outstanding 
liabilities. If pending litigation puts it out of their power 
to act immediately,, they should improve the earliest favora- 
ble opportunity to settle the affairs of the district. 

If two districts are consolidated, the public money which 
either may have in the hands of the town treasurer, or in 
the hands of its own treasurer, unexpended, becomes appli- 
cable to the payment of teachers' wages in the consolidated 
district. If there is any money due to a teacher of either 
of the districts consolidated, it should be drawn before the 
order of consolidation takes effect. 

ANNUAL MEETING. 

As amended by chapter 69, laus of 1882, and chapter 298, laws of 1883. 

Section 425. The annual meeting in all school-districts 
in this state shall be held on the first Monday of July in 
each year. The hour of such meeting shall be seven o'clock 



16 

in the afternoon, unless otherwise provided by a vote of the 
district, duly recorded, at the last previous annual meeting. 
It shall be the duty of the district board of each school-dis- 
trict in this state to meet on the Saturday immediately pre- 
ceding the first Monday of July in each year, and carefully 
examine the accounts of the treasurer, and make up a full 
and itemized report of all receipts and expenditures since 
the last annual meeting; the amount in the hands of the 
treasurer, or the amount of deficit for which the district is 
liable, and the estirnated sum which will be required to 
be raised by taxes for the support of the school for the en- 
suing year: and the amount required to pay the interest or 
principal of any loan due or to become due during such 
year; which report shall be submitted in writing at the 
annual meeting, and recorded at length, with the action of 
the meeting thereon, by the clerk, with the records of the 
proceedings of the annual meeting. All school district offi- 
cers whose term of office would expire at the time of the 
holding of tile annual meetings in the years 1882, 1883 and 
1884, shall continue to hold the respective offices to which 
they have been elected until the time of holding the annual 
meetings in the years 1883, 1884 and 1885, and at the annual 
meetings held as provided in this section during the years 
last mentioned, successors to such incumbents, whose terms 
of office would otherwise have expired in the months of July, 
August or September, 1882, 1883 or 1884, shall be elected for 
the full term of three years for each office thus expiring. 

By this section, the former provisions for holding an- 
nual meetings at different times by districts maintaining 
graded schools, and by districts not maintaining graded 
schools, and by the same districts according to the vote of 
the district, are repealed. All annual school meetings in 
the several school districts of the state are now held on the 
same day. 

The hour of meeting may be changed by a vote of the dis- 
trict at an annual meeting, but such vote can bear only on 
the next ensuing annual meeting. If no other hour is de- 
termined by vote, seven o'clock in the afternoon is the hour 
fixed by law. 

A new provision is added which requires school district 
boards to meet on the Saturday immediately preceding the first 
Monday in July, in each year, examine the accounts of the 
treasurer, and make up an itemized report of all receipts 
and expenditures for the year preceding, the amount on 
hand, if any, the amount of indebtedness, if any, and esti- 



17 

mates of the amount necessary to be raised by taxation for 
all purposes for ensuing year. This report must be submit- 
ted in writing to the annual meeting, and recorded at length 
by the clerk, in the records of the district. 

All terms of office extended by amendments to this section 
in 1883 and 1883 expire during the year 1885. 

Section -l^G. The clerk shall give at least six days' pre- 
vious notice of every annual district meeting, by posting 
notices therefor in four or more public places in the district, 
one of which shall be affixed to the outer door of the school- 
house, if there be one in the district; and he shall give like 
notices for every adjourned district meeting, when such 
meeting shall have been adjourned for more than one- 
month; but no annual meeting shall be deemed illegal for 
want of due notice, unless it shall appear that the omission., 
to give such notice was willful and fraudulent.* 

In order to give publicity to the annual meeting, the 
statute directs the clerk to post notices therefor in at least- 
four public places in the district, but such notice is not essen- 
tial to the validity of the meeting. The foundation of the- 
meeting is the statute, or the order of a previous annual 
meeting, and not posting the notice for it.f The time and 
place for holding it may always be ascertained by examining 
the records of the district, and the objection that notice was 
not duly posted, is not well taken. 

It is, however, the duty of the district clerk to give care- 
fully the notice required for the annual meeting, and for 
neglect of duty he is liable to a fine, under the provisions of 
section 500. The notice should be given at least one week 
before the time for the meeting, and should also embrace 
the time of day and the place of meeting; also the more 
important items of business to be transacted; for while the 
law does not require this to be done, it will help to secure a 
full attendance, which is most desirable. But it is to be 
borne in mind that the object of the notice for the annual 
meeting is to assemble the inhabitants, and that when so 
assembled, their, powers are defined, not by the notice, but 
by the^ilpjtute. 

If there is a willful and fraudulent omission to give notice, 

*S?e Forms, Nos. 11 and 13. fb Hill, N. Y., 647. 
2— S. C. 



18 

the meeting: may be judged illegal. Indeed, the action of 
an annual meeting held without due notice, will usually be 
looked upon with suspicion, and the state superintendent 
will not hesitate to sustain an appeal taken from such action, 
when it is made to appear that no proper opportunity has 
been afforded the people of a district to express their will. 
It should be noted that when a meeting is adjourned for 
more than one month, notice must be given, the same as for 
the original meeting. 

By chapter 251, law» of 1883, district clerks are required to 
embody in the notice for an annual meeting, the fact that 
the question of a change of text-books will be submitted to 
the^meeting. See comments on Section 440. 

SPECIAL MEETING. 

Section 427. Special district meetings may be called by 
the clerk, or, in his absence, by the director or treasurer, on 
the written request of five legal voters of the district, in the 
manner prescribed for calling an annual meeting; and the 
electors, when lawfully assembled at a special meeting, shall 
have power to transact the same business as at the first and 
each annual meeting, except the election of officers. The 
business to be transacted at any special meeting shall be 
particularly specified in fche notices calling the same, and 
said notices shall be posted six full days prior to the meet- 
ing. No tax or loan or debt shall be voted at a special 
meeting, unless three-fourths of the legal voters shall have^ 
been notified, either personally or by a written notice loft r^ 
at their places of residence, stating the time, place, and ob- 
jects of the meeting and specifying the amount proposed to 
be voted, at least six days before the time appointed 
therefor.* 

Exigencies will often arise requiring special meetings, and 
the power granted by the statute to call them should be 
liberally exercised for the benefit of the district. It is the 
duty of the clerk to call special meetings whenever requested 
to do so by the required number of legal voters. " The 
word may means must or shall only in cases where the pub- 
lic interests or rights are concerned- and where the public 
o^r third persons have a claim de jure that the power should 
be exercised."! "When public corporations or officers are 
authorized to perform an act for others, which benefits them, 

*See forms Nos. 13 and 14 fS John Ch. 113. 



19 

then the corporations or officers are bound to perform the act. 
The power is given them not for their own, but for the bene- 
fit of those in whose behalf they are called upon to act, and 
such is presumed to be the legislative intent. In such cases 
they have a claim de jure to the exercise of the power."* The 
fact that the district clerk does not approve of the objects 
sought by those who request him to call a special meeting, 
is not a good cause for refusing to accede to the request. 

Any business that can be done at an annual meeting can 
be done at a special meeting, properly called, except the 
election of officers, voting a tax to compensate the clerk, 
and authorizing a change in text-books. The notice for a 
special meeting may be given by the director or treasurer 
in case of a vacancy in the office of clerk, or if that officer 
is absent or incapable of acting. All notices for special 
meetings must "particularly specify" the business to be 
transacted thereat, nor can business not thus clearly men- 
tioned be legally acted upon. If voting a tax, loan or debt 
be a part of the business proposed, not only must notices be 
posted in not less than four public places in the district, but 
in addition to this, notice must be sewed personally upon at 
least three-fourths of the legal voters of the district. 

A special meeting may rescind any action taken at the 
annual meeting, if proper notice has been given; but if rights 
have been acquired, by third parties, under previous action, 
those rights cannot be set aside by the vote of the district. 
This includes the rights of persons elected to a district office. 

" Six full days " requires the notice to be given as early as 
on the seventh day before the time designated. 

QUALIFICATIONS OF VOTERS. 

I 

Section 428. Every person shall be entitled to vote in any 
school-district meeting, who is qualified to vote at a general 
election for state and county officers, and who is a resident 
of such school-district. 

The qualifications of voters at a general election are de- 
clared by section 12, of the revised statutes, to be as follows: 

Section 12. Every male person of the age of twenty-one 
years, or upward, belonging to either of the following 

*9 Wis. 312. 



20 

classes, who shall have resided in the state for one year next 
preceding any election, shall be deemed a qualified elector 
at such election: 

1. Citizens of the United States, 

2. Persons of foreign birth who shall have declared their 
intention to become citizens, conformably to the laws of the 
United States on the subject of naturalization. 

3. Persons of Indian blood who have once been declared 
by law of congress to be citizens of the United States, any 
subsequent law of congress to the contrary notwithstanding. 

4. Civilized persons of Indian descent, not members of 
any tribe. 

Every person convicted of bribery shall be excluded from 
the right of suffrage, unless restored to civil rights; and no 
person who shall have made or become directly or indirectly 
interested in any bet or wager, depending upon the result of 
any election, at which he shall offer to vote, shall be per- 
mitted to vote at such election. 

Being first qualified to vote at a general election, the right 
to vote in any school-district depends upon being a resident 
thereof. Every man is supposed by the law to have a legal 
residence somewhere, and he can have but one at a time. 
• [The legislature, at the session of 1885, passed the follow- 
ing act, to provide for extending to women the right of suf- 
frage upon school matter/ If this proposition is sustained 
by a majority of the leg^l voters in the state voting upon the 
question at the general election to be held in November, 1886, 
thereafter the class of women therein designated will be 
entitled to participate in proceedings of school-district meet- 
ings. The act is inserted here for information,] 

Section 1 . Every woman who is a citizen of this state, of 
the age of twenty-one years or upwards (except paupers, 
persons under guardianship, and persons otherwise excluded 
by section 2, of article 3, of the constitution of Wisconsin), 
who has resided within the state one year, and in the elec- 
tion district where she offers to vote, ten days next preced- 
ing any election pertaining to school matters, shall have a 
right to vote at such election. 

Section 2. At the general election to be held on the Tues- 
day next succeeding the first Monday in November, A. D. 
1886, at all the usual places of holding elections in this state, 
for the election of all officers required by law then to be 
elected, the question whether this act shall go into effect or 
in any manner be in force shall be submitted to the people, 
and if the same shall be approved by a majority of all the 
votes cast on that subject, it shall go into effect 
and be in force from and after the date of said election, 



21 

otherwise it shall not go into effect or in any manner be in 
force. 

Section 3. The votes cast upon the subject specified in 
the last preceding section, shall be by separate ballot, and 
shall have written or printed or partly written and partly 
printed on each of them the words, "For Woman Suffrage 
in School Matters,"" or 'Against Woman Sutt'rage in School 
Matters," which words shall indicate the vote of the elector 
for or against the approval of this act ; and the ballots so 
cast shall be canvassed and returned in the same manner as 
the votes cast for state officers are required by law to be 
canvassed, and the secretary of state shall immediately on 
the completion of said canvass, publish a statement of the 
result thereof, in some newspaper printed at the seat of 
government, and shall communicate the same to the next 
legislature at the commencement of its session. 

The rules for determining the residence of electors are laid 
down in section 37 of the revised statutes, and are printed 
here for convenience: 

Section 37. In determining the question of residence as 
a qualification to vote, the following rules, so far as appli- 
cable, shall govern, and if a person offering to vote be chal- 
lenged as unqualified on the ground of residence, the 
inspectors shall admonish him of such rules and put to him 
such further questions as shall be proper to elicit the facts in 
respect thereto, namely: 

Fii^sf. As prescribed in the constitution, no person shall be 
deemed to have lost his residence in this state by reason of 
his absence on business of the United States, or of this state; 
and no soldier, seaman, or marine, in the army or navy of 
the United States, shall be deemed a resident of this state in 
consequence of being stationed within the same. 

Second. That place shall be considered and held to be the 
residence of a person, in which his habitation is fixed, with- 
out any present intention of removing therefrom, and to 
which, whenever, he is absent, he has the intention of re- 
turning. 

Third. A person shall not be considered or held to have 
lost his residence, who shall leave his home and go into 
another state, or county, town, or ward of this state, for 
tempoi'ary purposes merely, with an intention of returning. 

Fourth. A person shall not be considered to have gained 
a residence in any town, ward or village of this state into 
which he shall have come for temporary purposes merely. 

Fifth. If a person remove to another state with an inten- 
tion of making it his permanent residence, he shall be con- 
sidered and held to have lost his residence in this state. 

Sixth. ]f a person remove to another state with the inten- 
tion of remaining there for an indefinite time, and as a 
place of present residence, he shall be considered and held 



22 

to have lost his residence in this state, notwithstanding- 
he may entertain an intention to return at some future pe- 
riod. 

Seventh. The place where a married man's family resides 
shall generally be considered and held to be his residence, 
but if it is a place of temporary establishment for his family 
or for transient objects, it shall be otherwise. 

Eighth. If a married man has his family fixed in one place, 
and iie does his business in another, the former shall be con- 
sidered and held to be his place of residence. 

Ninth. The mere intention to acquire a new residence 
without the fact of removal, shall avail nothing; neither 
shall the fact of removal without intention. 

Tenth. If a person shall go into another state, and while 
there exercise the right of a citizen by voting, he shall be 
considered and held to have lost his residence in this state. 

Eleventh. No person shall be deemed to have gained a 
residence in any town, ward, or village in this state, so as to 
entitle him to vote at any election therein, by remaining in 
such town, ward, or village as a pauper supported by the 
town or county in which he shall be living at the time of 
such election ; and no person shall be deemed to have lost 
his residence in any town, ward, or village, by remaining in 
any other town, ward, or village as such pauper, 

CHALLENGING VOTES. 

Section 4:i9. If a person offering to vote at a school-dis- 
trict meeting shall be challenged as unqualified by any legal 
voter in such district, the chairman presiding at such meet- 
ing shall declare to the person challenged the qualifications 
of a voter; and if such person shall declare that he is a 
voter, and if such challenge shall not be withdrawn, the 
chairman shall tender him the following oath or aflarma- 
tion: "You do solemnly swear (or affirm, as the case may 
be) that you are an actual resident of this school-district, 
and that you are qualified according to law to vote at this 
meeting." And every person taking such oath or affirma- 
tion shall be permitted to vote on all questions proposed at 
such meeting; and if the person shall _ refuse to take such 
oath or affirmation, his vote shall be rejected. 

Section 3G of the revised statutes prescribes certain ques- 
tions which may be asked by inspectors of elections of per- 
sons whose votes are challenged. Four classes of these 
questions are given, as those which will most frequently aid 
in determining the qualifications of a voter, though the 
chairman of a district meeting cannot, like an inspector of 
elections, require the person challenged to answer the ques- 
tions under oath. 



23 

" Section 30. If a person offering to vote is challenged as 
unqualified,, one of the inspectors shall tender to him the 
following oath or affirmation: You do solemnly swear (or 
affirm) that you will fully and truly answer all such ques- 
tions as shall be put to you touching your place of residence 
and qualifications as an elector of this election; and shall 
thereupon put questions as follows: 

Fifst. If the person shall be challenged as unqualified, 
on the ground that he is not a citizen and has not declared 
his intention to become a f^itizen: 

1. Are you a citizen of the United States? If no, then— 

2. Have you declared your intention to become a citizen 
of the United States, conformably to the laws of the United 
States? 

3. When and where did you declare your intention to be- 
come a citizen of the United States? 

Second. If th.e person be challenged as unqualified on the 
ground that he has not resided in this state for one year im- 
mediately preceding the election: 

1. How long have you resided in this state immediately 
preceding this election? 

2. Have you been absent from this state within the year 
immediately preceding this election? If yes, then — 

3. When you left did you leave for a temporary purpose, 
with the design of returning, or for the purpose of remain- 
ing away? 

4. What state or territory did you regard as your home 
while absent? 

0. Did you, while absent, vote in any other state or terri- 
tory? 

Third. If the person be challenged as unqualified on the 
ground that he is not a resident of the county, town or ward 
where he offers his vote, the inspectors or one of them, shall 
put the following questions: 

1. When didyou last come into this county, town or ward? 

2. Did you come for a temporary purpose merely, or for 
the purpose of making it your home? 

3. Did 3'ou come into this county for the purpose of voting 
in this county? 

4. Are you now an actual resident of this county or ward, 
and what is the particular description, name, and location of 
your place of residence? 

Fourth. If the person be challenged as unqualified on the 
ground that he is not twenty-one years of age, the inspec- 
tors, or one of them, shall put the following question: 

Are you twenty-one years of age, to the best of your 
knowledge and belief? 

The ordinary grounds upon which a person offering to 
vote at a district meeting may be disqualified, are: 



24 

1. That he is not a citizen of the United States and has 
not duly declared his intention to become one. 

2. That he has not resided in the state one year immedi- 
ately previous. 

3. That he is not a resident of the district. 

4. That he is not twenty- one years of age. 

The chairman of a district meeting is not required by law 
to put any of the foregoing questions to a person w^hose vote 
is challenged, on any of these grounds; but it will not be 
improper for him to do so, according to the circumstances of 
the case, for the information of the electors present. 

If a person who is unqualified is allowed to vote without 
being challenged, those objecting to the proceedings must 
show that they did not know him to be unqualified. A chal- 
lenge should be interposed at the first instance in which 
such person offers his vote, for it is not just for one to avail 
himself of a vote so long as it is cast so as to carry out his 
views, and then be permitted to object when the voter 
differs with the challenger. 

The chairman of a district meeting has no right, under 
the statute, to prohibit from voting any male person who 
takes the oath required by the law\ It will, however, be 
competent for the State Superintendent to correct and set 
aside, on appeal, all proceedings carried by votes clearly 
illegal, if the result depends upon them. It is the duty of 
the chairman of the district meeting to permit any person 
challenged, to take the oath required by law, and a refusal 
on his part to perform this duty will be considei^ed good 
ground for setting aside the proceedings of the meeting. 

Proceedings will not be set aside on account of illegal 
votes, unless a different result would have followed the ex- 
clusion of such votes. 

"The mere circumstance that improper votes are received 
at an election will not vitiate it. The fact should be shown 
affirmatively, that a sufficient number of improper votes 
was received for the successful ticket, to reduce it to a mi- 
nority if they had been rejected; or the election shall stand." * 

If the nominee for chairman is challenged, the person 

* r Cow., N. y. 



25 

making the nomination usually acts as temporary chairman, 
and should require the person challenged to take the oath 
prescribed by the statute. 

POWERS OF A DISTRICT AT A SCHOOL MEETING. 

As amended by Chapter 124:, Laws of 1885. 

Section 430. The inhabitants of any school-district qual- 
ified by law to vote at a school-district meeting, when as- 
sembled at the first and at each annual meeting in their dis- 
trict, or at any adjournment thereof in their district, shall 
have power: 

1. To appoint a chairman for the time being, and in the 
absence of the clerk, to appoint some person to act in his 
stead, and the person so appointed shall certify the proceed- 
ings of such meeting to the district clerk, who shall enter 
the same in the records of the district, and file and preserve 
the certificate of such temporary clerk. 

2. To adjourn from tune to time as occasion may require. 

3. To choose a director, treasurer, and clerk. 

4. To designate a site for a district school-house. 

5. To vote such tax, as the meeting shall deem sufficient, 
to purchase or lease a suitable site for a school-house, to 
build, hire or purchase a school-house, and to keep in repair 
and furnish the same with the necessary fuel and appen- 
dages: provided, that no district containing a population of 
less than two hundred and fifty inhabitants shall have power 
to levy and collect a tax for building, hiring or purchasing 
a school-house of more than six hundred dollars in any one 
year, unless the town board of the town in which such 
school-house is to be situated shall certify, in writing, that 
in their opinion a larger sum should be raised, specifying 
such sum; in which case an amount not exceeding the sum 
specified may be raised; provided further, that no district, 
containing a population of less than one thousand inhabi- 
tants may have power to raise and collect in any one year, 
for the purposes above specified, more than one thousand 
dollars, unless the town board shall certify as above set 
forth. ' 

C. To vote such tax as the meeting shall deem proper for 
the payment of teachers* wages in the district; provided, 
that for such purposes, in all school districts having an av- 
erage attendance at school, for the year, of fifteen scholars 
or less, not more than three hundred and fifty dollars shall 
be raised in any one year; in all school-districts having an 
average attendance of not more than thirty nor less than 
fifteen scholars, not more than four hundred and fifty dol- 
ars shall be raised in any one year; and in all school districts 
having an average attendance of not more than forty nor 



26 

less than thirty scholars, not more than five hundred and 
fifty dollars shall be raised in any one year. 

7. To authorize and direct the sale of any school-house 
site or other property belonging- to the district, when the 
same shall be no longer needed for the use of the district. 

8. To impose such a tax as may be necessary to discharge 
any debts or liabilities of the district lawfully incurred. 

9. To vote a tax not exceeding seventy-five dollars in any 
one year for the purchase of maps, blackboards, and school 
apparatus. 

10. To vote a tax not exceeding one hundred dollars in 
any one year, for a district library, consisting of such books 
as they may direct their district board, at a district meeting, 
to purchase; said books to be selected under the advice of 
the state superintendent: provided, that any school-district 
having less than two hundred children of school age, shall 
not vote a tax exceeding fifty dollai'S, in any one year, for 
such library; and that no district containing a population of 
less than two hundred and fifty inhabitants shall have 
power to levy and collect a tax of more than five hundred 
dollars in any one year for any purpose other than for the 
purposes prescribed in the fifth subdivision of this section, 
and for the payment of the principal and interest of any 
loan due the state. 

11. To authorize the district board to borrow money as 
provided elsewhere in these statutes. 

12. To authorize the district board to admit to the privi- 
leges of the school persons over twenty years of age, and 
persons not residing in the district, whenever such admis- 
sion will not interfere with the accommodation or instruc- 
tion of the scholars residing therein; and to fix a fee for 
tuition per term, quarter, or year, to be charged to the per- 
son thus admitted. 

13. To authorize the district board to purchase text-books 
for use in the public schools, to be loaned or furnished pupils 
under such conditions as, by such vote and regulations of 
the board thereunder, may be prescribed. 

14. To determine the length of time a school shall be 
taught in their district the then ensuing year, which shall 
not be less than six months; and whether such school shall 
be taught by a male or female teacher or both, and whether 
the school money to which the district is entitled from the 
school fund income, and from the town shall be applied to 
the support of the summer or winter school, or a certain 
portion to each, but if such matters shall not be determined 
at the annual meeting, the district board shall determine the 
same. 

15. To give such direction and make such provision as 
may be necessary, in relation to tiie prosecution or defense 
of any action or proceeding in which the district may be a 
party or may be interested. 



i27 

16. At the annual meeting only, to vote a tax to com- 
pensate the clerk, which, in districts supporting graded 
and high schools, shall be such sum as may be voted, and 
in other districts not more than ten nor less than five 
dollars. 

17. To alter or modify their proceedings, as occasion may 
require. 

Chapter 118, Laws of 1879. 

Section 1. The total amount of school district tax, here- 
after levied in any school district in this state, in any one 
year, for building, hiring or purchasing any school building, 
and for the maintenance of schools, including teachers' 
wages and incidental expenses, shall not exceed five per 
cent, of the total assessed valuation of taxable pr&perty in 
such school-district for the current year. 

Attendance iiJ)on the school meeting of the district is 
among the most important of public duties, and a sincere 
desire to promote harmony of feeling and a concert of action 
should manifest itself in the order, regularity, and courtesy 
with which the proceedings are conducted. Every consist- 
ent effort should be made to afford an opportunity for the 
expression of the will of a majority of the voters of the 
district upon all points. 

The law does not determine the number necessary to con- 
stitute a quorum for the transaction of business. The action 
of a meeting, due notice of which has been given, and the 
proceedings of which are regular, will be sustained, though 
only a minority of the voters of the district may be present; 
but when, on account of extraordinary circumstances, the 
attendance is very small, courtesy, as well as the considera- 
tion of the best interests of the district, demands an adjourn- 
ment for a week or more. 

The action of the meeting is determined by a majority of 
those present and voting. The rule of common law is, 
'•' whenever electors are present, and do not vote at all, they 
virtually acquiesce in the election made by those who do.'' 
(^ Burr, 1,051.) Those who are present, but silent, must be 
held to assent to what the others do in carrying out the 
legal purposes of the meeting. 

The law does not prescribe the manner in which the 
electors shall vote in the transaction of business. In all 



28 

important things it is better to have a rising vote or a call 
of the yeas and nays, and in the election of officers to vote 
by ballot. 

In the further exposition of this important section, defin- 
ing the powers of a district, such comments as seem neces- 
sary are placed under the several subsections, which are 
therefore given again, separately. 

The electors assembled in annual meeting (or at the first 

meeting, the district having first effected an organization), 

have power : 

1. To appoint a chairman for the time being, and in the 
absence of the clerk, to appoint some person to act in his 
stead, and the person appointed shall certify the proceedings 
of such meeting to the district clerk, who shall enter the 
same in the records of the district, and file and preserve the 
certificate of such temporary clerk. 

At the first meeting of a newly formed, district, some 
person will call the meeting to order, nominate a chairman, 
put the question, and declare the result. At subsequent an- 
nual meetings, if the director be present, it will be proper 
for him to perform this duty, though any elector is compe- 
tent to act. The person elected chairman will at once take 
the chair, and if the district clerk be absent, the chairman 
will announce the fact, and ask that a clerk may be ap- 
pointed pro tern. This will also be done, if it is the first 
meeting of the district. The person appointed chairman is 
not deprived of his right to vote on any question submitted 
to the meeting. He is not a permanent presiding officer, 
but merely a voter in the chair. He may give a casting vote, 
in case of a tie, or he may vote with the minority, when 
there is otherwise a majority of one in favor of any resolu- 
tion, and thus make it a tie vote, which defeats the resolu- 
tion • or he may vote upon a call of the yeas and nays when 
his name is reached. He can, however, cast but one vote 
upon the question. 

It is not proper to appoint any person chairman who is 
not a voter in the district. 

The chairman must put to vote every motion or resolution 
that is seconded, unless he deems such motion or resolution 
to be out of order, and so declares. If the person making 



29 

the motion regards the decision of the chairman erroneous^ 
it is his right to appeal to the meeting from such decision, 
and if the appeal is seconded, it is the duty of the chairman 
to put the question, '' Shall the decision of the chair be sus- 
tained?" In case the meeting refuses to sustain the decision, 
it is the duty of the chairman to put the original question; a 
refusal to do so is disorderly, and the meeting has power to 
select another person for chairman, who will conform to its 
decision. The motion for this purpose may be put by the 
clerk, and the result should be declared by him. The chair- 
man should carefully avoid any arbitrary or partial action 
or ruling, and give all an equal chance to be heard. 

There is no code of rules for regulating the proceedings 
of district meetings, and hence that must be held to be legal 
to which a majority consents. The office of chairman is to 
aid in ascertaining the will of the majority of the meeting. 
In case the action of the meeting is illegal, the remedy is 
by appeal, but a mere unintentional non-observance of 
technical parliamentary rules is not sufficient reason for 
taking an appeal, nor will an appeal probably be sustained 
on this ground. 

2. To adjourn from time to time as occasion may require. 

A motion to adjourn takes precedence of all others. A mo- 
tion to adjourn indefinitely takes precedence of a motion to 
adjourn to a day fixed. If the first fails to carry, the ques- 
tion will then be put upon the second. If a majority are in 
favor of adjourning, they cannot withdraw from the meet- 
ing until the question has been put and declared carried by 
the chan'man, without leaving the minority in possession of 
all the powers in the district. A motion to adjourn cannot 
be received after another question is actually put to vote, 
and while the meeting is engaged in voting upon it, but in 
such case the vote must be concluded and the result an- 
nounced by the chairman. If the meeting adjourns indefi- 
nitely all questions pending are discontinued, and they can 
be renewed only upon a fresh proposition; but if the ad- 
journment is to a specified time, it is only a continuance of 
the session; and the questions are to betaken up at the point 
where they were left. The statute, however (see section4 26), 



30 

provides that in case of an adjournment for a longer period 
than one month, notice shall be given of the time and place 
of holding the adjourned meeting, by posting written no- 
tices therefor in four or more public places in the district, one 
of which notices shall be fixed to the outer door of the 
school-house, if there be one in the district; said notice to be 
given at least six days previous to the time to which the 
meeting adjourned. 

3. To choose a director, treasurer and clerk. 

Before the meeting proceeds to elect officers, the minutes 
of the last annual meeting should be read, and those of such 
special meetings as have been held during the year. The 
reports of district officers should also be presented, and re- 
ferred to a committee for examination, with instructions to 
report at some later stage of proceedings. The reports 
should be in writing, and should be carefully examined by 
the committee, or by the meeting, if convenient. All school 
officers should be held to a strict accountability for the faith- 
ful performance of their duties, and the financial statements 
submitted should be accompanied with vouchers for all 
moneys expended. Reports of officers should be spread 
upon the records, as papers that are merely filed are often 
lost. 

It has already been recommended that the election of offi- 
cers be by ballot. This is the better way, especially in large 
districts, with many voters. If a shorter method is resorted 
to, the least satisfactory one is by ayes and noes given by 
acclamation. In case the election is by some other method 
than by ballot, the vote should be taken first on the first 
nomination, and continued, if practicable, until some one 
nominated receives a majority. If it is decided to go into a 
ballot, the same rule applies, and not the rule of plurality. 
As the provision of the constitution (Art. Ill, Sec. 3) that 
"all votes shall be given by ballot, except for such 
township officers •' as may be exempted by law, cannot be 
held to refer to school districts, so the provision (of the gen- 
eral statute relating to " elections other than for town offi- 
cers ") that " the person having the highest number of votes 
for any office shall be deemed to have been duly elected " 



31 

(R. kS., Chap. V, Sec. 75), does not apply to the oflBcers of 
school-districts. A school-district is left to adopt its own 
method of choosing its officers; and if the ballot is used, a 
majority determines the result, the same as in any other 
mode of election, or in a vote upon any other ordinary 
matter. 

If no election is effected at the annual meeting, the meet- 
ing may adjourn, but cannot elect any officers at an ad- 
journed session held more than ten days after the annual 
meeting. It is desirable that the district elect, either at the 
annual meeting or at an adjourned session; for while the 
law provides that any vacancies arising from non-election, 
or otherwise, shall be filled by appointment, this may prove 
less satisfactory. It should be noted that a person elected 
at the annual meeting cannot be ousted at an adjourned pes- 
sion. 

One officer at least is to be elected each year, and after the 
first election, in the following order : clerk, treasurer, direc- 
tor. If a vacancy has occurred during the year past, which 
has been filled by the district board or by the town clerk, 
under the provisions of section 433, such appointment does 
not hold more than ten days after the aimual meeting, and 
it is the duty of the district meeting to elect a person to fill 
such vacancy. The person thus elected will serve out the 
unexpired term, whether the same be one or two years. It 
will thus sometimes happen that more than one district 
officer is to be elected at an annual meeting. 

If a vacancy exists at an annual meeting from any other 
cause than the expiration of the incumbent's term, it is ad- 
visable that a resolution be passed declaring that such 
vacancy exists, and stating the ground on which the meet- 
ing regards the office vacant. It is for the meeting to judge 
in the first instance whether a vacancy exists, and although 
it may err in so declaring, the officer elected will be deemed 
an officer de facto, and his acts in relation to the public and 
third persons deemed valid, until his election is pronounced 
void by competent authority. 

If a mistake is made in stating the length of an unex- 
pired term, the person elected will nevertheless serve to the 



32 

end of the term, and no longer, as this matter is regulated 
by law, and not by the vote of the district. 

In the case of election at the first meeting of a district, 
if two of the officers elected at once file their acceptances 
with the clerk of the meeting, the district is then organized, 
and may go on to transact other business. Otherwise, the 
meeting should adjourn, as stated in the comments on sec- 
tion 41 G. 

4. To designate a site for a district school-house. 

The site selected should contain at least one acre, and 
should be as centrally located as circumstances will permit. 
The future needs, as well as the present condition of the dis- 
trict, should be considered, however, and hence it may not 
be good policy to locate the site at the present center of 
population. The surroundings should also be taken into 
consideration. It is more important that the location should 
be salubrious, quiet and pleasant, than that it should be 
strictly central. The vicinity of stores, taverns, mills, etc., 
is undesirable. A dry and sheltered spot should be chosen, 
but not too far from all inhabitants. 

In designating the site it should be so definitely described 
that it can be laid out without reference to any other docu- 
ment than the resolution locating it. The people of the dis- 
trict cannot delegate power to the district board to desig- 
nate the site, although they or a committee may be author- 
ized and directed to make the necessary examination as to 
location, price and title. The action of the meeting is, how- 
ever, required to fix legally its location. After a site has 
been designated, it does not become established until a title 
has been acquired, or the district board has made a contract 
binding upon the district for its purchase. The town board 
has no power to designate the site at the time of forming a 
new district, or at any other time, but may be called upon 
to establish it, if necessary, as provided in sections 477-480. 

5. To vote such tax, as the meeting shall deem sufficient, 
to purchase or lease a suitable site for a school-house 
to build, hire or purchase a school-house, and to keep in 
repair and furnish the same with the necessary fuel 
and appendages, provided, that no district contain mg a 
population of less than two hundred and fifty inhabitants 



33 

shall have the power to levy and collect a tax for building, 
hiring, or purchasing a school-house of more than six hun- 
dred dollars in any one year, unless the town board of the 
town in which such school-house is to be situated shall cer- 
tify, in writing, that in their opinion a larger sum should be 
raised, specifying such sum; in which case an amount not 
exceeding the sum specified may be raised; provided, fur- 
ther, that no district containing a population of less than 
one thousand inhabitants, shall have power to raise and 
collect in any one year, for the purposes above specified, 
more than one thousand dollars, unless the town board shall 
certiiy as above jet forth. 

The electors may vote such a tax as they " deem suflScient," 
subject to the conditions imposed by law; and with the con- 
sent of the supervisors of the town, previously obtained, 
they may vote ' any sum not exceeding that approved by 
those officers. If the district contains a population of one 
thousand, or upwards, it may raise more than $1,000 with- 
out first obtaining the consent of the supervisors. It is 
quite proper, but not necessary, to designate a site before 
voting a tax to build the school-house; neither is it neces- 
sary that the site should be designated before levying a tax 
to pay for the same. If the tax deemed sufficient is after- 
wards found to be too small, an additional tax may be voted; 
and, if too much is raised, the electors may appropriate the 
same to any object for which they can legally raise a tax. 
The expense of investigating the title and of recording the 
deed may legally be included in the tax for a site. Although 
the law authorizes the leasing of a site, it does not permit 
the district to contract a permanent debt for future rent. 
Land for a site is sometimes held under a lease granting it 
for a consideration, paid in advance, for so long a time as 
the same may be used for the purpose ot a public school. 
It is always advisable that the district should own the site. 

Sections 477 to 484 prescribe the course that must be pur- 
sued when the district is unable to obtain the school-house 
site selected or designated by a majority of the electors 
thereof present at a regular meeting, on account of the re- 
fusal of the owner to sell or lease the same, or on account of 
the owner being a non-resident. In regard to the right of 
the district to the school-house, at the expiration of the 
3-S. C. 



34: 

term for which the land upon which it is situated is held, 
the law, as stated by Judge Harris (7 Barb., N. Y. R., 266), is 
as follows: "Anyone who has a temporary interest in 
land, and who makes additions to it or improvements upon 
it, for the purpose of the better use or enjoyment of it, while 
such temporary interest continues, may, at any time before 
his right of enjoyment ceases, rightfully remove such addi- 
tions and improvements. If he omit to sever the addition 
or improvenient until his right of enjoyment ceases, such 
an omission is to be deemed an abandonment of his right, 
and thereafter the addition he has made becomes, to all in- 
tents, a part of the inheritance, and the tenant, as well as 
any other person who severs it, becomes a trespasser." 

Although a tax may be levied before a title has been ac- 
quired, yet the district board should not part with the 
money before a conveyance of the site has been made, 

A question sometimes arises in regard to incumbrance in 
case of mortgage. The sum voted to purchase a site is held 
to be all that the district can at any time be called upon to 
pay for it; and hence the title should be free from incum- 
brance, unless it was expressly understood at the meeting 
voting the tax that the site was to be purchased subject to 
the incumbrance resting upon it. When a site is purchased 
which constitutes a part of the mortgaged tract, the rule of 
law is that the remaining property of the mortgagor shall 
first be sold, and if that is not sufficient to satisfy the mort- 
gage, then of the remainder that which is conveyed latest 
is to be sold first. It is always better to obtain a clear title, 
and a district board is not justified in purchasing a site or in 
contracting for a building upon it, if said site is incumbered 
without an express vote authorizing them to do so. 

The question also sometimes arises as to the legality of 
connecting the school-house with other erections made for 
different purposes, and under other control than that of the 
district board. This department has held that a tax cannot 
be voted for building a house for joint use as an academy 
and school-house, or a church and school-house, and that 
any partnership which does not secure to the district board 
the complete control of the house for school purposes is 



35 

illegal. In the case of Tracy vs. Talbot, (G Mad. R. 214), 
Judge Holt held that " If a house, originally entire, be 
divided into several apartments, with an outer door to each 
apartment, and no communication with each other, the 
several apartments shall be rated distinct mansion houses." 

The supreme court of Massachusetts held, in case of George 
vs. School District Mendon (G Mete, 510) as follows: "If, 
under color of this corporate power of a school-district, the 
inhabitants should vote to erect an expensive and orna- 
mental building, with a view to improve the neighborhood, 
to enhance the value of the real estate, to accommodate 
societies, lectures, dramatic exhibitions, or to have a con- 
venient place- for religious meetings or public worship, or for 
any other use than that of a district town school, it would 
not be within the legitimate authority of a school district^, 
and any vote to levy a tax on the inhabitants for such a 
purpose would be void."' 

There may be distinct tenements under the same roof; and: 
tenements are as essentially distinct when one is under the 
other, as when one is by the side of the other. (1 Mete, 541.) 

It is desirable that every district should own a good school 
house, and that it should be entirely separate from other 
buildings; still, it sometimes happens that economy demands 
a co-operation between the district and some other associa- 
tion, in erecting two houses under the same roof. Such an 
arrangement is held to be legal, provided the district secures 
by proper legal covenants: First. The complete and un- 
divided control of the school rooms at all times, and of all 
doors and passages affording egress and ingress thereto. 
Second. That the other rooms of the building shall not be 
used at any time during school hours for an assemblage or 
purpose which can distract the attention of the pupils, or 
interfere, by noise, or otherwise, Avith their instruction. 
Third. That the parties using or owning the other rooms 
shall pay the whole or some definite part of the expenses of 
such repairs upon those rooms, or the roof or other parts of 
the building, as the district shall deem necessary. Fourth. 
That the parties owning the other parts of the building shall 



36 

pay a proper proportion of the amount necessary to keep 
the whole properly insured. 

The best method of protecting the interests of the district 
is for the board to lease the rooms on the foregoing con- 
ditions, and such others a^s are proper. The lease should 
provide for its own termination on any breach of its con- 
ditions, and should contain an express provision that when- 
ever a district meeting shall determine that the residue of 
the building i« needed for school purposes, the same shall 
become the property of the district upon the payment of the 
anpraised value of the labor and materials used in its con- 
struction. 

A district meeting may vote a tax for a fence, sidewalks, 
separate privies for the two sexes, wood-house, stoves, 
stovepipe, and bell, as these are held to be necessary append- 
ages. 

Money may also be raised to pay for the insurance of the 
school-house. This must be a definite sum. The school- 
house cannot be insured in those companies that require a 
note for part of the premium, for the district board cannot 
bind the district to pay a note drawn by them for such a 
purpose. All taxes voted must be for specific and legal 
objects, and the specific amount raised for each of the sev- 
eral objects for which the tax is levied, should be stated in 
the resolution passed by the meeting, in order that the dis- 
trict and the board may know the precise extent of their 
liability and authority. 

A district has x^ower to vote a tax to enlarge a school- 
house, notwithstanding it may have cost all that said district 
is by law authorized to raise in any one year, and the tax 
for such enlargement does not require the consent of the 
town supervisors thereto. The amount received from the 
sale of the old school-house may be added to the amount 
authorized by law to be raised for building in any one year, 
and expended for the new building. 

6. To vote such tax as the meeting shall deem proper fo]' 
the payment of teachers' wage3 in the district; provided, 
that for such purposes, in all school districts having an av- 
erage attendance at school, for the year, of fifteen scholars 
•or less, not more than three hundred and fifty dollars shall 



37 

be raised in any one year; in all school-districts having an- 
average attendance of not more than thirty nor less than 
fifteen scholars, not more than four hmidred and fifty dol- 
lars shall be raised in any one year; and in all school-dis- 
tricts having an average attendance of not more than forty 
nor less than thirty scholars, not more than five hundred 
and fifty dollars shall be raised in any one year. 

The amount which may be raised for teachers' wages is 
restricted by the average attendance at school for the pre- 
vious year, the particulars of which should be made known 
at the annual school meeting, before taxes are voted, that 
the amount voted may not be unlawful. 

By reference to subdivision 10, it will be seen that a dis- 
trict with less xhan two hundred and fifty inhabitants cannot 
raise more than 6500 in one j^ear for teachers' wages, or any 
other purpose, beside those therein excepted. 

The income of the school fund annually apportioned to 
the different districts on the basis of population over four 
and under twenty years of age, together with the amount 
■wliich is received by the districts from the tax levied by the 
liSBimly-^Stiper visors^ must be appropriated to the payment of 
teachers' wages, and the balance is to be raised by tax. A 
tax cannot legally be levied to pay a person for services as 
a teacher who did not hold a certificate of qualification at 
the time such services were rendered ; nor can any public 
money be paid to a person for ser voices as a teacher, who is 
not qualified according to law. 

7. To authorize and direct the sale of any school-house 
site or other property belong to the district, when the same 
shall be no longer needed for the use of the district. 

Tlie restriction here imposed upon the sale of district 
property is important. It must no longer be needed for the 
use of the district. The district must act througli the dis- 
trict board, as the board alone is competent to make con- 
tracts binding upon the disi^rict. If any credit is to be 
given upon the sale of district property, the people at the 
district meeting should, by resolution, specify the exact 
terms thereof, and should fix the lowest price to be accepted. 
The district board are responsible to the district for the exer- 
cise of the same care that a prudent man would take in 
managing his own affairs. 



38 

8. To impose such a tax as may be necessary to discharge 
any debts or Habilities of the district lawfully incurred. 

The debts which the district is most likely to incur, are 
such as may be made by the board, under sections 435 and 
436, for repairs on the school-house, in providing necessary 
appendages for the same, and in the purchase of record 
books, blanks, stationery, apparatus, school books for indi- 
gent children, and for the school generally, when authorized 
so to do. The district may also incur indebtedness for money 
borrowed.* 

9. To vote a tax not exceeding seventy-five dollars in any 
one year, for the purchase of maps, blackboards and school 
apparatus. 

Maps are necessary for teaching geography, for the prin- 
cipal facts are learned more readily by the eye than in any 
other manner. Every school room should be furnished with 
a map of the world, of the Ui'xited States and of this state; 
also of the couuty in which the school-house is situated. A 
globe is also desirable. Blackboards should extend around 
the school room, that is, should occupy all the space not 
taken by doors and windows, to a height of seven feet from 
the floor, the lower edge of the blackboard being about two 
feet nine inches from the base board. Charts are now easily 
obtained for teaching reading, penmanship and other 
branches, and the cost is much more than made up in the in- 
crease of interest among the pupils, and the greater facili- 
ties for the teacher. School boards should acquaint 
themselves with the cost and the use of the more simple 
and important kinds of apparatus, as they are now author- 
ized to purchase school apparatus for the use of the district, 
not exceeding in value seventy-five dollars in any one year, 
without authority being given by vote of the district. See 
section 436. 

10. To vote a tax, not exceeding one hundred dollars in 
any one year, for a district library, consisting of such books 
as they may direct their district board at a district meeting 
to purchase; said books to be selected under the advice of 
the state superintendent; provided, that any school-district 
having less than two hundred children of school age, shall 

* See comments on subdivision 11. 



39 

not vote a tax exceeding- fifty dollars in any one year, for 
such library; and that no district containing a population of 
less than two hundred and fifty inhabitants shall have 
power to levy and collect a tax of more than five hundred 
dollars in any one year for any purpose other than for the 
purposes prescribed in the fifth subdivision of this section, 
and for the payment of the principal and interest of any 
loan due the state. 

This is an important provision, if wisely carried out. By 
judicious action, a valuable library may be secured for each 
school district; but unless the money raised is placed in the 
hands of discreet and competent men to expend, the books 
obtained will be liable to be of no real benefit to the people. 

The restriction of tho amount of tax that may be raised 
in one year for any purpose, except two, to $500, by a dis- 
trict with less than two hundred and fifty inhabitants, 
should be carefully noted. 

The preceding subdivisions (5, G, 8, 9, 10), cover all the 
objects for which school-districts may levy taxtjs, except 
those named in subdivision 16, in sections 474, 475 and ^70, 
and in the sections of the revised statutes printed immedi- 
ately thereafter, in this code. 

In this connection, it is deemed proper to insert the act of 
1870, limiting the total amount of school-district tax to be 
levied in any one year, with some comments. 

Chapter 118, Laios of 1879. 

Section 1. The total amount of school district tax, here- 
after levied in any school-district in this state, in any one 
year, for building, hiring, or purchasing any school building, 
and for the maintenance of schools, including teachers' 
wages and incidental expenses, shall not exceed five per 
cent, of the total asssesed valuation of taxable property in 
such school- district for the current 3^ear. 

Section 2. All acts or parts of acts conflicting with this 
act are hereby repealed. 

The object of this law is to restrain excessive taxation for 
school purposes. Under it, the total amount of taxes levied 
by a district in any one year must not exceed five per cent, 
of the last valuation of property in the district. Although 
the taxes may be less than five per cent., the restrictions 
provided for in section 430 (subdivisions 5, G, 9 and 10) are 



40 

still in force. They are not in conflict with the above act 
and. are not repealed by it. 

11. To authorize the district board to borrow money as 
provided elsewhere in these statutes. 

Under section 474, the district may authorize the board to 
borrow money, as well as levy a special tax, to meet any un- 
usual exigency. This authority is given to the district, 
partly in place of that formerly conferred by section 64 of 
the school code, not only to levy special taxes, but if done 
between the first Monday in November and the next annual 
meeting, to assess and collect the same at once through the 
district clerk and treasurer. All such special taxes may 
still be voted, but will be collected as other taxes are. In 
the meantime, money may be borrowed to the amount of 
the tax. 

By section 475, a school-district is authorized to make a 
loan of money to aid in th3 erection of a school-house. 
Loans can also be made at the present time, from the trust 
funds of the state, under section 261 of the revised statutes. 
Such loans can usually be more conveniently paid by in- 
stallments. Although the inhabitants of the district may, 
by resolution, declare their intention to raise a certain 
amount annually for two or more years, yet the action of 
the meeting is limited to one of the installments, and it re- 
quires the action of the district at a subsequent meeting to 
raise another installment. Money cannot be borrowed, under 
section 475, for any other purpose than " to aid in the erection 
of a school-house." 

12. To authorize the district board to admit to the priv- 
ileges of the school, persons over twenty years of age, and 
persons not residing in the district, whenever such admis- 
sion will not interfere with the accommodation instruction 
of the scholars residing therein, and to fix a fee for tuition 
per term, quarter, or year, to be charged to the persons thus 
admitted. 

The vote of the district is to authorize the board to admit 

the persons mentioned to the school. The consent of the 

board should always be signed in writing, and should not be 

given until the tuition fee has been paid to the district 

treasurer. No teacher should admit a non-resident pupil 

into his school without express authority conveyed in writ- 



41 

ing. It is sometimes difficult for the district board to deter- 
mine the liabihty of inhabitants for the tuition of persons 
in their employment or under their protection. Crowding 
into a district in which a superior school is maintained, to 
enjoy its advantages free of cost, under plea of having resi- 
dence as an employe in a family, is an abuse that needs 
sometimes to be corrected. 

The tuition fee may with propriety be made merely nom- 
inal, however, to such persons as are residents of other dis- 
tricts, but who are tax-payers in the district where they 
desire to send to school, provided their distance be such as 
to preclude the possibility of their being attached to the 
district. 

The question of residence settles the right to free tuition 
in any school. 

The legal residence of the child is usually with the par- 
ent or guardian; but cases frequently arise where the nat- 
ural or legal guardian provides a residence for a child or 
ward in a district where the guardian does not reside. 
Where this is done, not for the purpose of taking advantage 
of school facilities, but for the purpose of a home, the child 
should be enumerated in such district where he resides, and 
be accorded free tuition in the school. See remarks on sec- 
tion 462. 

An orphan without guardian takes his residence with him 
wherever he goes. 

In all doubtful cases the board is authorized to exercise its 
powers liberally as regards a child having its home in the 
district and nowhere else. It is not for the public good that 
any child should grow up uneducated. 

The district board has no authority to admit non-resident 
children into the school contrary to the vote of the district, 
nor has it authority to exclude them after a vote of the in- 
habitants to admit them. It is the duty of the board, in this 
matter to carry into effect the instructions of the district. 

It will be seen that the board has power under section 439 
to admit persons between 20 and 30 years of age to the 
schools in certain cases. This power is commented upon in 
tl e proper place. 



42 

The teacher has no authority in the matter of admitting or 
excluding non-residents, but will be governed by the instruc- 
tions of the board. 

13. To authorize the district board to purchase text-books 
for use in public schools, to be loaned or furnished pupils un- 
der such conditions as, by such vote and regulations of the 
board thereunder, may be prescribed. 

This subdivision takes the place of chapter 315, of the gen- 
eral laws of 1875, and it is important that every district 
should avail itself of the privilege here given, as a means 
of great convenience in insuring a timely and uniform sup- 
ply of school books, and as a measure of economy. To this 
end, the board, having deterrxiined under section 410 what 
text-books shall be used, sliould bring the matter of pur- 
chase by the district before each annual meeting, having first 
carefully estimated how many of each kind will be wanted 
for the ensuing year. 

It should be remembered, however, that while the board 
has power to adopt, it has no power to purchase books, un- 
less authorized by the district. Being thus authorized, the 
board should not undertake to bind the district to purchase, ' 
at certain rates, for a series of years. Books once adopted 
must be used for three years, without change; but the dis- 
trict may not continue the policy of district purchase more 
than one year. Hence the caution not to enter into any 
agreement that the district shall buy the books for more 
than one year. Proposals of agents to contract for a series 
of years sliould not be listened to, because such contracts 
are not warranted by the school laws. 

District boards are cautioned against purchasing books or 
school apparatus of traveling agents, unless they are known 
to be reliable; especially against having anytt ing to do with 
agents who call upon individual members of the board, and 
pretend that they have seen the other members and ob- 
tained their consent to certain purchases. A board cannot 
legally purchase books, unless they have first been authorized 
and directed to purchase, by the district, and there must 
first of all have been an act of adoption of the books, by the 
board. A school board can do no business lawfully as a 
board, unless a legal meeting is called and held. 



43 

An honest agent, while he may submit reasons to a board 

for adopting certain books, will not attempt to induce them 

to make any purchases or orders, until so authorized by the 

district. Until then, section 501, stands in the way. 

14. To determine the length of time a school shall be 
taught in their district the then ensuing year, ^vhich shall 
not be less than six months, and whether such school shall 
be taught by a male or female teacher, or both, and whether 
the school money's to which the district is entitled from the 
school fund income, and from the town, shall be applied to 
the support of the summer or winter school, or a certain 
portion to each; but if such matters shall not be determined 
at the annual meeting, the district board shall determine 
the same. 

The number of days during which a school must be 
taught, to meet the requirements of the law in regard to the 
apportionment of school money, is one hundred and twenty, 
and this number includes legal holidays, viz., New Year's 
day, the twenty-second of February, the thirtieth day of 
May (Decoration day), the fourth of July, the day of gen- 
eral (or fall) election, and Christmas, together withdays of 
fasting or thanksgiving appointed by state or national 
authority. 

If the matters enumerated in the fourteenth subdivision are 
not determined by the annual meeting, the district board 
must determine the same; but the inhabitants, at a special 
district meeting, are authorized by section 427 "to transact 
the same business as at the first and each annual meeting, ex- 
cept the election of officers." When the district has deter- 
mined the length of the school (being not less than six 
months), the sex of the teacher or teachers, and the applica- 
tion to be made of the school moneys, the board have no 
discretion, but must carry out the voi,e of the district. In 
case they find ifc impracticable to do so in any particular' 
the remedy is a special meeting, to give them further in- 
structions. 

lo. To give such direction and make such provision as 
]nay 1 e necessary in relation to the prosecution or defense 
of any action or proceeding in which the district may be a 
party or may be interested. 

The district may appoint any suitable person to represent 

them in a suit; but in the absence of such appointment, the 



44 

director is constituted the representative of the district in all 
suits. See section 443 and the comment thereon. 

16. At the annual meeting only, to vote a tax to compen- 
sate the clerk, which, in districts supporting graded and 
high schools, shall be such sum as may be voted, and in 
other districts not more than ten nor less than five dollars. 

This subdivision embodies chapter 91, laws of 1876. It 

authorizes the district to vote compensation to the clerk, but 

not to the director or treasurer. The vote can be taken only 

at the annual meeting, and is operative for one year only, 

unless renewed. 

17. To alter, repaaland modify their proceedings as occa- 
sion may require. 

The power to repeal proceedings cannot be exercised after 
they have been carried into effect, so that rights have been 
acquired under them. When the district board has made a 
contract under authority of the district, the repeal of the 
resolution authorizing such contract will not rescind the con- 
tract. The district can modify or repeal the contract only 
after securing a release of damages from all the parties who 
have acquired any rights of action. 

A district can repeal a resolution to raise a tax, at any 
time before the warrant to collect the tax is handed to the 
collector; but this power cannot be exercised after part of 
the tax has been collected (Gale vs. Mead, 4 Hill; Smith vs. 
Dillingham, 4 Barbour). It is advisable that resolutions 
should be repealed in express terms, when such is the inten- 
tion, and not by implication. 

When a resolution is to be repealed at Ihe meeting at 
which it was passed, it is usually done by a motion U recon- 
sider. The general rule is that a motion to reconsider can 
only be made by a person who voted with the majority on 
the question the reconsideration of which is proposed; and 
this rule is a proper one for the chairman of the meeting to 
observe; but, if on appeal from the decision of the chair- 
man, the majority of the meeting choose to disregard the 
rule, it may be set aside. Tlie usual rules governing legisla- 
tive bodies are not binding upon district meetings, unless 
such meetings adopt such rules. Any resolution directly or 
necessarily repugnant to a previous one, repeals it; and the 



45 

rule, as laid down (3 Howard, U. S. R, 630) is that if a sub- 
sequent statute be not repugnant in all its provisions to a 
prior one, yet if the latter statute was clearly intended to 
prescribe the only rule that should govern in the case pro- 
vided for, it repeals the prior one. 

The repeal of a repealing statute does not revive the orig- 
inal enactment. 

Officers elected at an annual meeting cannot be displaced 
by reconsidering or rescinding former proceedings at an ad- 
journed meeting. When an election has been held in due 
form, the elective power of the district is exhausted, and the 
officers chosen at the annual meeting are the legal officers of 
the district, until ]by death, resignation, removal from the 
district, expiration of term, refusal to serve, or removal from 
office, a vacancy occurs proper to be filled by election or ap- 
pointment. And when a person entitled to hold office has 
been elected, and has not refused to serve, there is no power 
to take it from him or debar him from assuining his duties. 



11. DISTRICT OFFICERS AND BOARD. 



A 



Section 431. The officers of each school-district shall be 
a director, treasurer, and clerk, who shall be residents of the 
district, and shall hold their respective offices for three years, 
and until their successors have been chosen or appointed, 
but not beyond ten days beyond the expiration of their term 
of office, without being again elected or appointed; provided, 
that at the first election of such officers, in any newly organ- 
ized district, the clerk shall be chosen for one year, the 
treasurer for two years, and the director for three years; 
and thereafter, each officer shall be chosen for three years. 
Any person present at a school-district meeting, at which 
he shall be elected one of the district board, shall be deemed 
to be notified thereof ; and any person so elected and not 
present, shall be notified thereof by the clerk of said meet- 
ing, within five days thereafter; and unless each person 
elected and notified shall, within ten days after his election, 
file with the clerk his refusal in writing to accept the office, 
he shall be deemed to have accepted the same.* 

Comments upon the mode of electing district officers, and 
upon what constitutes an election, are made under subdivis- 

^ See Form No. 16. 



46 

ion 3, of section 430. See also the comment immediately 
preceding the section now under consideration — 431. 

In reckoning the terms of district officers, the time from 
the first meeting of a legally organized district to the first 
annual meeting, no matter how short that may be, is to be 
considered a year, because all subsequent elections must be 
at the rime fixed for the annual meeting; hence, at the first 
anmial meeting of a newly organized district; a new clerk 
will be elected for the term of three years; at the second 
annual meeting, a treasurer is to be elected for three years; 
and at the third annual meeting, a director is to be elected 
for three years. Thereafter, one officer only is to be elected 
at each annual meeting, for the term of three years, and in 
the following order: clerk, treasurer, director. It may some- 
times be necessary, however, to elect one, or even two, offi- 
cers, to serve out an unexpired term, in addition to the officer 
elected for a full term. 

By reference to a provision added to section 443, in 1879, 
it will be seen that it restricts a district in the election of a 
treasurer. It is not probable that attempts are often made 
to give the office of treasurer to the director or clerk of the 
district. The act forbids such action, and likewise forbids 
that the teacher shall hold the office of treasurer in the same 
district. It does not by any means follow from this last 
prohibition, that it is now proper or allowable to employ the 
clerk or director to teach the school. This is against public 
policy, and is very likely to breed difficulty or dissatisfac- 
tion. See comments on section 438. 

The question sometimes arises whether it is proper to elect 
persons as district officers who are not citizens. As there is 
no statutory provision on the subject, a decision of the su- 
preme court is given. In the case of Off vs. Smith (14 Wis., 
497), it was held that " it is an acknowledged principle which 
lies at the foundation [of popular governments] and the en- 
forcement of which needs neither the aid of statutory or 
constitutional enactments or restrictions, that the govern- 
ment is instituted by the citizens for their liberty and pro- 
tection, and that it is to be administered and its powers 



47 

and functions exercised only by them, and through their 
agfency." 

On the other hand it may be held, in regard to persons C^ XAV" 
who have declared their intention to become citizens, that « ^ 

as they are permitted to vote, they are eligible to district ^ 

offices, if it is desired to elect them. But it is not allowed Z^- 
by the statute to elect a non-resident of the district to a dis- 
trict office. 

Under section 513, any woman of twenty-one years of age 

and upwards may be elected or appointed a school officer^ 

- but t ki« < \ctp^ not . conf ft E . . upftn wf>Mao*i thw ligh fe-^^-yote-at 

Officers elected at the Urst meeting of any district are 
required to tile written acceptances,, but at the annual meet- 
ings succeeding, written acceptances are not required. How- 
ever, persons not present at an annual meeting must be 
notified if elected to office; and, unless a person who has 
been notified of an election, shall, within ten days after his 
election, file with the clerk his refusal to serve, he shall be 
deemed to have accepted the office. A verbal refusal to 
serve, or inattention to the duties of the office does not 
create a vacancy. A person elected should therefore serve, 
or signify his refusal to serve in a legal way, and within the 
legal time. 

Subdivision 8, of section 961 of the revised statutes, directs 
that the resignation of a district officer shall be to the dis- 
trict board- 

If a district officer intends to be long absent from the dis- 
trict, without removing his residence, he should resign, that 
some person may be appointed in his place. Otherwise, 
there being no power to appoint until there is a vacancy, the 
district may suffer great inconvenience. ' 



THE DISTRICT BOARD. 



Section 432. The director, treasurer and clerk shall con- 
stitute the district board. Meetings of the board may be 
called by any two members thereof by serving on the other 
member a written notice of the time and place of such meet- 
ing, at least twenty-four hours before such meeting is to 
take place No act authorized to be done by the district 
board shall be valid, unless voted at a meeting of the board. 



48 

It will be seen by this section that the powers conferred 
by law upon the district board must be exercised by the 
board meeting and deliberating at the same time and place, 
and not by one or two forming a determination and obtain- 
ing the assent of the absent. The decision of a majority 
at a meeting properly convened, is the decision of the board, 
but the decision of a majority, or even of all three, under 
other circumstances, is not the decision of the board. It is 
merely the concurrent opinion of the members of the board, 
and is no more the decision of the board than the concur- 
rent opinion of the members of the legislature, arrived at 
by taking their separate votes at their respective homes, 
would be an act of the legislature. The law supposes that 
a majority may be convinced by a minority and change its 
determination, and therefore will not allow the majority to 
act without giving the minority due notice to participate. 

It is held in 16 Maine R., 185, that the dismissal of a teacher 
by two, a majority of the board, was illegal, because the 
third was not notified, although he was oat of town. The 
court say, " that does not allow the majority to dispense 
with the rule requiring notice. They are not in such cases 
constituted the judges whether the notice would be effectual 
to secure his attendance. Nor would it be entirely safe to 
entrust them with such a power, as it would afford an op- 
portunity to select an occasion when they might judge that 
a notice would be ineffectual, and thus, by neglecting to 
give it, free themselves from the presence of a dissenting 
minority. It may often happen that those will be able to 
attend, who were believed to be so situated that their attend- 
ance could not be expected. ISTor is there any difficulty in 
giving the requisite notice in such cases, as one left at the 
usual place of residence would be sufficient." 

It has long been held by the Department of Public In- 
struction that there must be a meeting of the board called, 
in order to any lawful action. This section now expressly 
provides that no act of the board '*' shall be valid, unless 
voted at a meeting of the board," and the amendment of 
1875, which recognized the sufficiency of accidental meet- 
ings in certain cases, is expunged. 



49 

A single member of the board may be authorized to carry 

out a vote or determination of the boards such as making a 

purchase, engaging work to be done, etc. 

Section 433. The said board shall have power to fill by 
appointment any vacancy that may occur in their own 
number, within ten days after such vacancy shall occur;, 
and if such vacancy shall not be filled within ten days a& 
aforesaid, by said board, the town clerk shall fill such vacancy 
by appointment. In case a vacancy shall occur in a joint, 
district, and shall not be filled by the district board, the clerk 
of the town in which the school-house is situated, shall fill 
said vacancy. Any person appointed to fill a vacancy, upon 
being notified of such appointment, shall be deemed to have 
accepted the same unless he shall, within five days there- 
after, file with the clerk or director a written refusal to serve;; 
and any person appointed to fill a vacancy shall hold the | 

office until the annual meeting succeeding such appoint- ' 

ment, at which the electors shall fill such vacancy for the un- ' 
expired term,* 

Vacancies may occur from expiration of term of ser- ^^ £^ 
vice, and failure to elect a successor, refusal to serve, re- ^ ^ 2^ 
moval from the district, resignation of oflSce, and removal /f^^ ^ 
from office by the county judge; or, in case of a treasurer^ 
from neglect to file a bond, as required by law, or through 
removal by the governor. 

The power of the district board to fill a vacancy continues 
but ten days; if they do not fill it in that time, the duty de- 
volves upon the town clerk. But neither the board nor the 
town clerk is authorized to act judicially^ and set aside an 
election, where an officer is deemed to have been elected 
illegally. Such person having been declared elected^ and 
entering upon the office, will be held to be an officer de facto, 
until the illegality of his election is determined by compe- 
tent authority. 

In other cases the board or the town clerk, before making 
an appointment, must of necessity decide in view of the 
facts that a vacancy exists, and in the order making the ap- 
pointment, the facts which have caused the vacancy should 
be stated. 

In case of expiration of a term of service, and no election 
to fill the vacancy, it is to be understood that the term does 

*3ee Forms Nos. 17, 18 aud 19. 
4— S. C. 



50 

inot actually expire until ten days after the annual meeting. 
The board then has power, for ten days to fill the vacancy, 
and the town clerk has therefore no power to fill it until 
twenty days after the annual meeting. 

In case of a single vacancy in the district board, those in 
office possess all the powers of a full board for the purpose 
of filling such vacancy, but if two vacancies exist at the 
same time, the remaining member cannot fill them. It 
must be done by the town clerk. 

' A person should not be re-appointed who refuses to serve, 
or whose resignation has been accepted. The* statute 
regards the penalty for refusing to serve as an equivalent for 
the service. (See section 500.) 

It will be noted that in case of vacancy in a joint district, 
requiring to be filled by the town clerk, it is to be done by 
the clerk of the town in which the school-house is situated. 

In case of appointment, the term of office of the appointee 

expires at the next annual meetings and if a successor is not 

then elected, the incumbent cannot hold the oflSce more than 

ten days after the annual meeting. It then becomes the 

duty of the board to fill such vacancy, and if they neglect 

to fill it, this duty devolves on the town clerk. 

Section 434. The district board, in their corporate name, 
shall purchase or lease such a site for a school-bouse as shall 
have been designated by the district, and shall build, hire, 
or purchase a school-house out of the funds provided for 
that purpose, and when required, make sale of any school- 
house, site, or other property belonging to the district, and if 
necessary, execute a conveyance of the same, in their name 
of office, when lawfully directed by the qualified electors of 
such district, at any annual or special meeting. 

Chapter 190, Laivs of 1885. 

Section 1. All churches, public and private school-houses, 
hotels, factories, or other manufacturing establishments, 
constructed at any time after the passage of this act, shall 
be so constructed that the doors shall swing outward, or 
both in and out, as the builders thereof may elect. 

A school-district is a corporate body, and as such has per- 
petual succession and existence in its corporate name, and 
the capacity to hold real and personal estate for its corpo- 
rate purposes. It possesses this power as a legal body tvhoUy 



distinct from the individuals which from time to time com- 
pose it. The district can act as a corporation only through 
its officers. The power to purchase or lease a site for a 
school-house, or to build, hire, or purchase a school-house, or 
to sell any school-house, site, or other property, belongs ex- 
clusively to the district board. It is often the case that a 
building committee is appointed by the district to superin- 
tend the erection of a school-house. Although the law con- 
templates no such committee, yet so far as it can aid the 
board by its advice and service in carrying out the wishes of 
the people of the district, there can be no objection to it. 
But the district board alone has power to bind the district 
by a contract, written or verbal, and the district has no 
power to supersede them by appointing a building commit- 
tee, or any other agents. The district may, however, through 
a committee, procure plans and specifications for a school- 
house, and may select such a plan as is deemed suitable, and 
limit the power of the district board to making a contract 
for erecting a house according to the plans and specifications 
adopted. 

This is the only way of controlling the district board. It 
rests with the board to accept or reject the work, unless the 
people, in district meeting, have appointed or provided for 
the appointment of other arbiters. This may be done by 
directing it to be inserted in the contract with the builder, 
that the sufficiency of the materials and workmanship un- 
der the contract shall be determined by persons named in 
the resolution. 

A stringent contract, which in all cases should be in writ- 
ing, with proper provisions for the adjustment of any ques- 
tions that may arise under it, will relieve the district board 
from much personal responsibility and trouble, as well as 
prevent quarrels and perhaps litigation, which are in any 
event injurious. 

The inhabitants of a district, assembled in district meet- 
ing, should give plain and specific instructions to the dis- 
trict board in regard to the matters referred to in this 
section. All votes relating to purchase or sale of site, 
school-house, or other district property, should be taken by 



\ 



52 

ayes and noe^^, and all proceedings should be entered at 
length upon the record book of the district. 

Section 435. The district board shall have the care and 
keeping of the school-house, books, apparatus, and all other 
property whatsoever belonging to the district, except that 
especially confided by law to the clerk, and they shall an- 
nually make an inventory thereof before each annual dis- 
trict meeting, and deposit the same with the clerk of the 
district; they shall keep the school-house in good condition 
and repair, and provide all necessary appendages during 
the tirrie a school shall be taught therein. They may grant 
leave to any responsible inhabitant or inhabitants of the 
district applying therefor, to occupy the school-house for 
such public meetings as will, in the judgment of the board, 
aid in disseminating intelligence and good morals; any such 
licensee, and if the school-house be so occupied without 
there being such responsible licensee answerable, then the 
district board shall be personally liable to the district for 
any injury done to any property and for any expense what- 
ever incurred by, at, or in conse^'quence of any such use of 
the school-house. 

The board has exclusive control of the property of the 
district, including the school-house, unless it shall be espe- 
cially confided to the care of the clerk. In either case, it is 
important that the trust be faithfully discharged — that 
the furniture, books, fences, grounds, out-houses, etc., be 
carefully looked after. It will be convenient to devolve this 
care especially upon the clerk, as he has, or may have a 
salary. 

That the district may be kept apprised of the nature and 
condition of its property, the law requires the board to make 
an annual inventory of the same, and deposit it with the 
clerk. This should be done before the annual meeting, and 
the inventory produced when called for. 

It is also the duty of the board to provide the necessary 
appendages for the school-house, without waiting for instruc- 
tions so to do from the people of the district. They are also 
required to keep the school-house in good condition and 
repair during the time a school shall be taught therein. This 
duty should be promptly and efficiently performed. Under 
this section, the board has power to cause to be built suita- 
ble out-houses, and to provide blackboards, etc., necessary 
to the successful management of the school. 



58 

In the discretion confided to the board under this section, 
they should distinguish between things necessary and things 
unnecessary, though perhaps desirable. A stove is a neces- 
sity; an organ is not so. 

It has long been customary to allow school-houses to be 
used, at proper times, for religious, literary, and other meet- 
ings; and so long as no injury is done to the property, and 
no detriment arises to the school from such use of the scliool- 
house, it is unobjectionable. It is often the only place in 
the neighborhood in which any kind of public meeting can 
be held, and the board will not usually be blamed for allow- 
ing a discreet use to be made of the building. They a,re au- 
thorized to do thi&, as the law stands, but as a matter of 
prudence, may, if they prefer, grant the leave only to some 
responsible inhabitant, who is to be answerable for the pro- 
per care of the house, etc. If there is no such person made 
responsible, the board becomes personally liable to the dis- 
trict, if the use of the house is allowed. If a majority of the 
tax-payers are opposed to having the school-house used for 
any other than school purposes, it may be better for the 
board not to allow it to be opened. 

As amended by Chapter 93, Laws of 1885. 

Sec'TIOX -itoCj. The said board shall have power to purchase 
a record book and such other books, blanks and stationery 
as may be necessary to keep a record of the proceedings of 
the district meetings, and the account of the treasurer, and 
for doing the business of the district in an orderly manner, 
and such maps, charts, globes and school apparatus as have 
been or may be approved as suitable for use of the schools, 
by the state superintendent or by the county superintendent 
of the county, not exceeding seventy-five dollars in value in 
any one year, and such school books as in their judgment 
may be necessary for the use of any children attending in 
their district, whose parents and guardians may not be able 
to furnish the same. All such purchases shall be unani- 
mously approved at a regular meeting of said board, at 
whicli'all the members thereof shall be present. The district 
board shall keep an accurate account of all expenses incurred 
by them under the provisions of this section, and present an 
itemized statement of the purchases to the annual school 
district meeting. 



54 

This section embraces portions of sections 48, 49 and 51 of 
the former school codes. It authorizes the board to purchase 
such books, blanks and stationery as may be needed, and to 
purchass apparatus to an amount not exceeding $75 in value 
in one year; also school books for the children of indigent 
parents. All these purchases must be approved by all the 
board, at a meeting at which all are present. If these con- 
ditions are not observed, accounts for expenses incurred 
may not be allowed by the district, and the members of the 
board purchasing illegally may become personally liable 
for purchases made. 

If the board is authorized to purchase books for the whole 
district, as provided in section 430, subdivision 13, no sepa- 
rate purchase for indigent ohildren will be needed. 

The apparatus most likely to be useful in the public schools 
is: 

1. Reading charts, phonetic charts, reading frames or 
cases, writing spellers. 

2. Writing charts, drawing charts, drawing books. 

3. Numeral frames, arithmetical charts, arithmetical 
frames, cube root blocks, geometrical forms. 

4. Outline maps, especially a map of Wisconsin, a map 
of the United States, and a map of the world; also globes 
and map drawing scales. 

5. Charts illustrating natural history, physiology and nat- 
ural science, including color charts. 

G. Blackboards, clorjk, call bell, thermometer, microscope^ 
magnet. 

In purchasing, school boards would do well to deal di- 
rectly with the houses which make a business of furnishing 
school apparatus. To this end correspondence may be 
opened with them and circulars and price lists obtained. It 
is suggested that school boards first select and recommend 
the purchase of the simpler and more necessary apparatus 
of which the district may be destitute. 

When anything is purchased, measures should be taken 
at once for its preservation, and to this end a case or closet 
with shelves is needed, which should be under lock and key. 
It will be useful to take the advice of the county superin- 



55 

tendent, and of experienced teachers in making a choice of 
articles. Tlie county superintendents are authorized by law 
to approve such apparatus as in their judgment is best suited 
to the schools. 

The caution against purchasing, unless a meeting of the 
board is duly called and held, and the board has authorized 
a purchase, by the unanim^ous vote of all members, is re- 
peated. 

As amended by Chapter 124, Laivs of 1885. 

Sectiox 437. If any district shall not, at its annual meet- 
ing, or at a subsequent special meeting, prior to the third 
Monday of November following, vote a tax sufficient to 
maintain a school in said district for the term of six months 
during the ensuing 3^ear, the district board shall then, on or 
before the Wednesday next following said third Monday of 
November, estimate and determine the sum necessary to be 
raised to maintain such school, and the district clerk shall 
forthwith certify to the town clerk the amount so fixed, who 
shall assess the same as other district taxes are assessed, 
and all school money received from the school fund income 
shall be applied exclusively to the payment of teachers' 
wages. 

This section was a part of section 10 (subdivision C) of the 
former codes, before the revision of the statutes. 

While the law has restrained districts, on the one hand, 
from voting excessive taxes, it has also provided a security 
against the parsimony or negligence that would sometimes 
fail to open schools at all, or that would open them for an 
insufficient period. Six months' school in each year is the 
smallest amount that entitles a district to share in the in- 
come of the school fund. Not to provide for at least this 
amount, is a wrong to the children deprived, and an injury 
to the public good. The district board are therefore charged 
with the duty of making this provision, if it is not done by 
the district. The neglect to do this' is punishable by fine, or 
the members of the board may be removed from office on 
complaint of such neglect (section 507). 

Section 438. The district board shall contract with and 
hire duly qualified teachers in the name of the district, and 
the contract made shall specify the wages per week, month, 
or year, to be paid, and when completed, shall be filed in the 
office of the district clerk, with a copy of the certificate of 
the teacher so employed attached thereto, and a copy of 



56 

such contract shall be furnished by the clerk to the teacher. 
No contract with any person not holding a diploma or 
certificate then authorizing him to teach shall be valid; and 
all such contracts shall terminate if the authority given to 
teach shall expire by limitation and shall not be renewed, 
or if it shall be revoked.* 

The duty here devolved upon the district board, like any 
other act performed by them, must be preceded by a regular 
meeting, as provided for in section 432. The comments up- 
on that section are referred to in this connection. 

Two of the board may be in favor of hiring a certain 
teacher, and may think that because they are a majority, 
there is no need of a meeting to consider the subject. But 
each member of the board has an equal right to be heard. 
Two of the board have no right to assume that the other 
member may not be able to give good reasons for hiring 
some other person than their candidate. Common courtesy 
as well as the law requires a meeting for deliberation. 

In negotiating for a teacher, the board should first of all 
ascertain that the person is legally " qualified." The only 
sufficient evidence of this is an unexpired certificate from 
the proper superintendent. If the county be divided into 
two superintendent districts, the certificate must be from 
the superintendent of that division of the county in which 
the school is to be taught. If not, it is invalid. In case of 
a joint district, not wholly within the jurisdiction of one 
superintendent, the certificate should be from the superin- 
tendent within whose jurisdiction the school-house is situ- 
ated. A certificate has no validity or force beyond the 
county or jurisdiction within which it is given, although 
" indorsed " by some other superintendent. If the legisla- 
ture had intended that the certificate of one superintendent 
might be adopted (by indorsement) by another, it would 
have so provided. 

An understanding may be had with a teacher who is 
awaiting examination, but a contract with a person who 
holds no certificate is not only void, but a fraud upon the 
district. If a teacher's certificate will expire during the 

*See Form No. 21. 



57 

term of school, care must be taken that it be renewed in 
season. It is better that the certificate be renewed before 
the school begins. 

The contract is of no force unless signed by at least two 
members of the board. It is better that it be signed by all, 
as harmony of action in this matter is very important to the 
prosperity of the school and the welfare of the district. 

There is no authority for making a contract whereby the 
teacher engages to board with the parents of the children. 
It cannot be enforced on the inhabitants. The best arrange- 
ment is to give the teacher a specific sum, and let him board 
himself. 

The amount of the compensation to be paid to teachers is 
within the discretion of the board. The inhabitants have 
no legal power to control district officers in this respect, nor 
in the selection of individuals to be employed, though the 
board would act unwisely in disregarding the preferences 
and wishes of the people, when reasonable and just. 

There is little probability that school officers will make 
the compensation too high. The wages of good teachers are 
generally quite inadequate. To employ a poor teacher at 
any price is wretched economy. 

A teacher, having been legally employed, cannot properly 
be dismissed without some violation of the contract on his 
part, during the time for which it was to continue, unless 
his certificate of qualification is annulled by competent 
authority. If the board discharge a teacher on the ground 
that he has failed to fulfill his contract, of course it takes 
the risk of being able to prove such failure, in case the 
teacher claims damages, or demands his wages for the whole 
time for which he was engaged. 

The employment of any member of the district board to 
teach the school is not strictly forbidden by statute; never- 
theless, it must be considered illegal, because against public 
policy; and a contract by a majority of the board with one 
of their own number, could not be enforced (Pickett vs. Dis- 
trict No. 1. 25 Wisconsin, 551). 

But even if such a contract were legal, the fact that the 
teacher is one of the board naturally excites a suspicion that 



58 

he may have been able to make a contract more advantage- 
ous to himself, and less so to the district, than if some other 
person had been employed. Those who hold public trust 
should carefully avoid putting themselves into situations 
where their private interests may conflict with an impartial 
discharge of their public duties. If for any reason it is 
deemed desirable that a member of the board should teach 
the school, let him resign, obtain his certificate, and enter 
into contract with the full board. 

Similar remarks apply to the practice of employing as a 
teacher any near relative of a member of the district board. 
If the other members of the board and the people of the 
district desire it, it may be proper; but in many and perhaps 
in most instances, it breeds dissatisfaction, and often creates 
serious trouble. 

As districts annually vote taxes, elect at least one new 
member of the board, and determine, if they choose, upon 
the sex of the teachers that shall be employed, contracts 
with teachers to extend beyond the close of the school year 
are not binding upon the district or upon the incoming 
board (IG Wis., 33). But if such contract be allowed to stand, 
the district will be liable for services rendered under it. 

The teacher should see that the board have acted legally 
. before making any arrangement with them. To this end, he 
should know what is legal action on their part. It is quite 
proper for the county superintendent, at all examinations, 
to explain the law clearly as to contracts, especially to 
young and inexperienced teachers. 

The only safe course for a teacher to pursue, is first to 
secure a certificate. This done, to obtain a legal contract 
in writing, and not rest satisfied with a verbal promise of 
the school, from some member of the board. This promise 
may not be kept, and may be incapable of proof. 

The law will protect qualified teachers, who contract in 
good faith, and are allowed to go on and fulfill the contract, 
although the board has not acted legally, or although the 
persons signing the contract, or some of them were not 
authorized to do so. It was held by the supreme court of 
New York (15 Barb., 333), "that where a person is employed for 



59 

a corporation by one assuming to act in its behalf, and ren- 
ders services according to the agreement, with the knowledge 
of its officers, and without objection on their part, or notice 
that the contract is not recognized, such corporation will be 
held to have sanctioned tfie contract, and will be compelled 
to pay for the services according to the agreement; 
* * but when the contract is still executory and 
nothing has been done under it, and the action is to recover 
damages merely for non-performance, it is for the plaintiff 
to show a legal contract binding upon the corporation." 

Section 430. Tlie board shall have power to make all 
needful rules for the government of the schools established 
in the district, such rules to take effect when a copy of the 'LtX-<- 
same, signed Sy a majority of the board, shall be liled with 
the clerk; to suspend any pupil from the privileges of the j^ J^J^ 
school for non-compliance with the rules established by them, 
or by the teachers with their consent; to expel from school 
any pupil who shall persistently refuse or neglect to obey 
the rules above mentioned, whenever, upon due examina- 
tion, they shall become satisfied that the interests of the 
school shall demand such expulsion; and to admit any per- 
son between twenty and thirty years of age, residing in the 
district, to any public school under their control, free of tui- 
tion, when, in their judgment, it will not interfere with the 
pupils of school age therein. 

The rules and regulations adopted by the district board 
should be recorded in their minutes, and a copy thereof 
should be posted in the school room. The rules should be 
such as the good of the school seems to require. They should 
be comprehensible and reasonable. They should be so 
framed as to aid the teacher rather than to supplant him. 

The district board have full authority to organize, regu- 
late, grade and classify the school, but in all matters of this 
kind they will act under the advice, and, so far as practica- 
ble, with the consent of the teacher. The teacher, in the 
school room, is the executive officer of the board. He must 
govern the school under the law, and according to such rules 
as are made in accordance therewith. The rules and regu- 
lations made by the board must guide him until they are set 
aside by competent authority. 

The board have authority to suspend any pupil from the 
privileges of the school for non-compliance w^ith the rules 



60 

established by them, or by the teacher, with their consent. 
The right to attend a common school is a common, not an 
exclusive or personal right. The supreme court of Massa- 
chusetts (8 Cush., Mass. R., 164) says, in reference to the 
right, " like other common rights (that of way, for instance), 
it must be exercised under such limitations and restrictions 
that it shall not interfere with the equal and co-extensive 
rights of others. Take the case of a contagious disease, can 
it be doubted that the presence of a pupil could be lawfully 
prohibited, not for any fault, or crime, or wrong conduct, 
but simply because his attempt to insist on his right to at- 
tend under such circumstances would be dangerous and 
noxious, and so an interruption to the equal and common 
right?'"' In the same case the court held that school officers 
have the right to exclude a child for open, gross immorality, 
manifested by licentious language, manners and habits, 
though not manifested by acts of licentiousness or immor- 
ality within the school; for, says the court, "it is as neces- 
sary in the unreserved intercourse of pupils of the same 
school, as well without as within its precincts, to preserve 
the pure minded, ingenuous, and unsuspecting children of 
both sexes from the contaminating influences of those of 
depraved sentiments and vicious propensities and habits, as 
from those infected with contagious diseases." 

While there can be no doubt that the board have the power 
to exclude a child, not for punishment merely, but for the 
protection of others from vicious influences that would de- 
feat the object for which the school is organized, yet we are 
not to forget that humanity dictates that we deal gently with 
erring children. Education seeks to deter from vice, and also 
to reclaim those who have become vicious through parental 
neglect or parental example. Remonstrance and persua- 
sion must be exhausted before suspension from school can be 
justified. Expulsion from school is justified only by such in- 
subordination on the part of the pupil as to render it impos- 
sible to maintain order and discipline without excluding him. 
The district board should, however, exercise this power only 
after earnest effort to avoid a resort to it. Teachers are not 
without infirmities, and their calling sometimes aggravates 



61 

them; and it is the cluty of the board to know that there has 
been no oppressive exercise of power leading to the insubor- 
dination which is made the occasion of a punishment so se- 
vere. Power must always be tempered with benignity, and 
justice must be administered in the spirit of mercy. 

In case the board neglects to make and establish rules, as 
provided for in this section, the teacher is not therefore in- 
hibited from managing and governing the school according 
to liis best judgment, nor can any advantage be taken 
of the fact that his rules have not been consented to by the 
board. In case of serious insubordination he should call 
upon the board to sustain his authority; and when so called 
upon, the b^ard should be careful not to weaken his authority 
by criticising his conduct before the school. (45 Wis., 150.) 

The opinion which has obtained considerable currency in 
this state, that teachers are not allowed to punish pupils in 
school, is unfounded. The opinion in question arose from a 
misunderstanding of a decision by the Supreme Court (Mor- 
row vs. Wood, 35 Wis., 59). This decision was to the effect 
merely that where a parent directs a child not to take a cer- 
tain study in school, the teacher cannot lawfully punish the 
child for not getting lessons in that study. It does not de- 
clare punishment in other cases to be unlawful. Neverthe- 
less, corporal punishment should be resorted to only in case 
of necessity, and should be moderate and judicious 

The Supreme Court held, in the case of State vs. Burton 
(45 Wis., 150), that " in a proper case, and when not deprived 
of the power by affirmative action of the board, the teacher 
has the inherent power to suspend a pupil from the priv- 
ileges of the school; though such suspension should be 
promptly reported to the board, with the reasons therefor." 

The power conferred upon the board to admit persons be- 
tween twenty and thirty years of age to the school, Avas first 
given by chapter 184, of the laws of 1877. Its design was 
to enable persons deficient in a kno wledge of the English 
language to become more proficient therein. Where no rule 
concerning admission of this class of pupils has been pre- 
scribed at an annual meeting, and no fee for tuition has 
been fixed by the district under the provisions of section 



62 

430, this section authorizes the district board to admit them 
free of tuition when in their judgment it will not interfere 
with the pupils of school age therein. 

As amended by Chapter 251, Laws of 1883. 

Section 440, The district board shall determine what 
school and text-books shall be used in the several branches 
taught in the schools; they shall make a list of such books 
and file one copy with the clerk, and keep one copy posted 
in the school house. When any such text-books shall have 
been adopted, they shall not be changed for the term of 
three years, and no change of text-books shall be made by 
a'school board, unless authorized by a majority vote of the 
legal voters of a district at a regular annual school meeting, 
and it is hereby made the duty of the district clerk to em- 
body in his notice of such annual meeting the fact that the 
question of a change of text-books will be submitted to the 
meeting. 

It is the duty of the board to exercise the power conferred 
upon them in this section, if they have not done so already. 
Sudden, sweeping, and uncalled for changes should not be 
made, but such as are necessary to secure uniformity and 
the best progress of the school. To perform this duty the 
board should hold a legal meeting, and determine, by reso- 
lution, what school and text-books shall be used, and then, 
after duly recording the resolution, and posting a copy in 
the school room, they should see that the books adopted are 
introduced and used. While the power to select books in 
the first instance is left by law exclusively in the hands of 
the district board, it is, nevertheless, proper for them to con- 
sult with the best teachers in regard to the subject. 

In selecting text-books, all works of a controversial or 
sectarian tendency should be excluded. 

After a series of books, or any single book, map, or chart, 
card, etc., has been adopted, no other work on the same sub- 
ject can be substituted for such series, book, map, etc., within 
three years, but a new book on a new subject of study, may 
be added to the list at any time. The law does not require 
that the list should be changed every three years, but it ex- 
pressly prohibits changes in text-books which have been 
adopted, until they have been in use three years; and a 
c hange cannot then be made, unless authorized by a ma- 



G3 

jority vote of the legal voters of the district at a regular an- 
nual school meeting. Notice that the question of a change 
of text-books will be submitted to the meeting must be em- 
bodied in the notice for the annual meeting by the clerk. 
This provision]affects only those districts which hold annual 
meetings, and elect district boards. Where schools are 
managed by boards of education proposed changes must be 
approved by the common council or board of aldermen. See 
section oil. 

For any violation of this provision, a fine of $50 may be 
imposed, as provided in section 503. 

Section 441. The district board shall visit the school 
under their care, examine into the condition thereof, and 
the progress of the pupils, advise and consult with the 
teachers in reference to the method of instruction, manage- 
ment, and gorernment^ and exercise such general super- 
vision as is necessary to carry out the provisions of this 
chapter. 

A careful performance of the duty imposed by this sec-,- 
tion would increase the efficiency of our schools. The mem-< 
bers of the district board should visit the school frequently. 
These visits should be informal, and should be marked by 
courtesy towards the teacher, and kindness towards the 
pupils ; but classes should be examined', and the manage- 
ment of the school should be carefully observed. An arrange- 
ment that will enable the members of the board to visit the 
school in turn, and that will secure a report in writing from 
each person visiting it, is very desirable. 

The board should also invite competent and prudent per- 
sons to examine the school, and to report to them in writing 
the result of such examination. JSTo business can be suc- 
cessfully conducted without faithf al and intelligent super- 
vision. This obvious rule is especially applicable to educa- 
tional affairs. 

COMPULSORY EDUCATION. 

As the law upon this subject, passed at the session of 1879, 
devolves certain duties upon the school board, it is inserted 
in this place, with such comments as are needed. Section 
2 of this act was amended by chapter 298, laws of 1882, and 
the section as thus amended, is given here. 



64 



Chapter 131, Laics of 1879. 

AN ACT to secure to children the benefit of an elementary 

education. 

Section 1. Every parent, guardian, or other person, in 
the state of Wisconsin, having charge or control of any 
child or children between the ages of seven and fifteen 
years, shall be required to send such child or children to a 
public or private school, for at least twelve weeks in each 
school year, commencing on the. first day of September, in 
the year one thousand eight hundred and seventy-nine, 
unless the school-district board, or board of education of the 
school-district, village, or city in which such parent or 
guardian shall reside, shall excuse, by physician's certificate, 
or other good reason, such child from attendance, on its 
being shown, to their satisfaction, that the child's bodily or 
mental condition is such as to prevent its attendance at 
school, or application to study for the time required, or that 
its time and labor are essentially necessary for the support 
of an indigent parent, brother, or sister, or that such child 
is being otherwise furnished with the means of education 
for a like period of time, or has alread}'- acquired a fair 
knowledge of the branches of learning ordinarily taught in 
the common schools of this state ; provided, that in case 
the public school in the district in which such parent or 
guardian resides, shall be distant more than two miles from 
his residence, by the nearest traveled road, he shall not be 
liable to the provisions of this act. 

Section 2. The school board, or the board of education, 
after having given notice, as now required by law, for 
special school meetings, shall meet at the school house in 
their respective districts, or at some other place to be desig- 
nated in such notice, on the first Monday of September in 
each year, or within fifteen days thereafter, for the purpose 
of hearing causes for the non-attendance upon the public 
school of all children in such districts between the ages of 
seven and fifteen years, and all parents, guardians or other 
persons having charge of such children, shall appear and 
show cause for such non-attendance ; and if such parent, 
guardian or other person shall claim exemption from this 
act on the ground that his child or ward has attended some 
other school than the public school of such district, he shall 
file with the clerk a written statement, showing what school 
such child or ward attended, and the number of days of 
such attendance within the year ending on the 31st day of 
August next preceding, and the district clerk at such meet- 
ing shall make a list of all children residing in the district 
who have not attended the public school for the time re- 
quired by this chapter; and shall note, opposite the name of 
each, whether such child is exempt from the provisions of 
this chapter, and, if exempt, the cause for such exemption. 



65 

Section o. ._Suc1i school books as may be necessary shall 
be furnished for the children contemplated in this act, in 
the manner and nnder the conditions provided for in section 
four hundred and thirty-six of the revised statutes. 

Section 4. In case any parent, guardian, or other person 
shall fail to comply with the provisions of this act, said 
parent, guardian, or other person shall be liable to a fine of 
not less than five nor more than ten dollars for the first 
offense, nor less than ten nor more than thirty dollars for each 
and every subsequent offense. Such fine shall be collected by 
the school district director or president of the board of 
education in the district, village, or city in which the offense 
is committed, in the name of the state of Wisconsin, in an 
action before any justice of the peace, or any court having 
competent jurisdiction. And the fine so collected shall be 
paid into the school fund. 

Section 5, It shall be the duty of the director of any 
school-district, 6r president of the board of education of 
any incorporated village or city, to prosecute any offense 
occurring under this act, and such person neglecting to prose- 
cute for such fine within fifteen days after a written notice 
has been served on him by any qualified elector or tax payer 
within the district, village, or city in which the offending 
party shall reside, shall be liable to a fine of not less than 
ten nor more than twenty dollars for each offense; such fine 
to be collected in the name of the state of Wisconsin in an 
action before a justice of the peace of any court of compe- 
tent jurisdiction, by any person feeling aggrieved thereby. 
Said fine shall be paid to the town, village, or city treasurer, 
in accordance with section four of this act. 

Section 0. Two weeks' attendance at half-time or night 
school, shall be considered within the meaning of this act 
equivalent to an attendance of one week at a day school. 

Section 7. This act shall take effect and be in force from 
and after the first day of September, 1879. 

It is not parents or guardians alone who are amenable 
under this act. Every person having charge of any chil- 
dren between seven and fifteen, must see that they receive 
the "benefit of an elementary education."' As any such per- 
son, though not sustaining the relation of parent or guard- 
ian to a child, would not be allowed to withhold from it 
bodily food, so he must not neglect its education. The mini- 
mum of twelve weeks' attendance each year upon either a 
public or private school, is required, or equivalent instruc- 
tion at home, unless the child has already acquired a reason- 
able elementary education. 

By a private school, is to be understood a school in 
5— S. C. 




66 

which private instruction is given in the elementary 
branches required to be taught in the pubhc schools. In the 
public schools, instruction must be given, in all branches, in 
the English language, it being deemed for the public inter- 
est that all children thus have the opportunity to learn this 
language, as the common language of the country; but the 
compulsory act does not go so far as to require that every 
child shall be educated in and through that language. It 
aims to prevent children from growing up uneducated. The 
exemptions on account of the health of the child, the need 
of its labor, or the distance from school, are to be noted. 

The duties of the board are, at stated times, to take note 
of the attendance or non-attendance of children between 
the ages named, upon public or private schools. As to at- 
tendance upon the former, the school register should be a 
sufficient source of information, but the board will ascertain 
the facts of each case in such manner as they shall find ex- 
pedient. 

This act requires a meeting of the school board on the 
first Monday of September, annually, to hear reasons for 
non-attendance of children in the public school, and a list to 
be made of all children residing in the district who have 
not attended school during the preceding year, and a note 
opposite the name of each child on such list indicating 
whether the child is exempt from attendance, and if so, for 
what cause. 

That a child, not exempted under section one, should not, 
at any particular time, be in attendance upon a public or 
private school, or under instruction at home, would not con- 
stitute a violation of the act, to the extent of incurring any 
penalty, until it should appear that the school year had 
passed away without the minimum of twelve weeks attend- 
ance at school, or equivalent instruction otherwise, required 
by the law. This point of neglect reached, the parent, 
guardian, or other. person thus failing to comply with the 
law, becomes liable to the fine named, to be collected by the 
director, or president of the school board ; and such officer 
neglecting to prosecute violations of the law, himself be- 
comes liable to a fine. 



67 

It will be seen that any qualified elector or tax payer in a 
district may give notice of offenses under the act. 

It is to be hoped that there will be little need of the en- 
forcement of the law : that all persons having charge of 
children will cheerfully comply with its provisions, without 
coercion. The knowledge that such a law exists, will act as 
a stimulus to such parents or others as are negligent to do 
their duty in the matter. 

DIRECTOR. 

Section 442. It shall be the duty of ihe director of each 
district : 

1. To countersign all orders legally drawn by the clerk 
upon the treasurer of the district. 

2. To appear for and on behalf of the district in all 
actions brought by and against it, when no other direction 
shall have been lawfully given at a district meeting. 

3. To cause an action to be prosecuted in the name of the 
district, on the treasurer's bond in case of any breach of any 
condition thereof, and to apply all money when collected to 
the use of the district as the same should have been applied 
by the treasurer. 

The director is required to countersign orders legally 
drawn, and it is his duty to know that an order presented to 
him for his signature is drawn in accordance with law, be- 
fore he affixes his name thereto. The object of this pro- 
vision of the law is to protect the interests of the district. 

By the provisions of subdivision 15 of section 430, the dis- 
trict has power, at any meeting duly called, to give such 
direction, and make such provision, as may be deemed 
necessary in relation to the prosecution or defense of any 
ac'ion or proceeding in which the district may be a party or 
interested ; and unless some other person is designated to 
perform the duty, the director is required to bring suit and 
carry out the will of the meeting. The director has no 
power under the statutes to bring suit, upon his own motion, 
in behalf of the district, except in case of breach of the con- 
dition of the treasurer's bond. In this case, it is his duty to 
commence proceedings to protect the interest of the district 
at once, without waiting for the action of a district meet- 
ing. 

If an action is commenced against the district, the director 



68 

must appear in behalf of the district, without waiting 
for authority from a district meeting. The district may, 
however, designate some other person to act as their repre- 
sentative in the defense, if they think it expedient. 

TREASURER. 

As amended by Chapter 117, Laivs of 1879. 

Section 443. The treasurer of each district shall, within 
ten days after his election or appointment, execute to the dis- 
trict, and file with the clerk a bond with sufficient sureties, 
in double the amount, as nearly as can be ascertained, of all 
the money to come into his hands as treasurer, during his 
term of office, conditioned for the faithful discharge of the 
duties of his office, and approved by the director and clerk. 
Whenever the director and clerk shall deem the bond of 
any treasurer insufficient, they shall demand an additional 
bond with the like condition, in such sum as they shall fix, 
which shall thereupon be executed, approved, and filed in 
the manner aforesaid within ten days after such demand. 
The neglect or refusal to file such bond in either case, shall 
vacate the office, provided, that no person employed as a 
school director, clerk, or teacher, shall hold the office of 
school treasurer in the same district.* 

A neglect to file the bond completed and approved, within 
ten days, as the law directs, vacates the office. Filing it 
with the approval of one member of the board only, or after 
the time expires, is of no effect. It is obviously improper 
for either the director or the clerk to become surety for the 
treasurer. 

The power granted the clerk and director, by this section 
to require an additional bond, when deemed necessary, 
: should be exercised whenever the interests of the district 
"demand it. iN"o good citizen will regard the exercise of this 
ipower as an imputation upon his character. Whenever the 
^security on the bond is not such as the law requires, it is 
^obviously the duty of the treasurer to furnish additional 
^security, and it must be done promptly, within ten days, 
just as in the original filing of the bond. 

When the office is vacated from either of the causes 
named, the board will appoint a treasurer, who will be sub- 
ject to the same conditions, and possess the same powers as 
if elected to the office. 

*See Forms Nos. 22 and 28. 



69 

The provision at the end of the section is an amendment 
made by the legislature of 1879. It would more appro- 
priately have been added to section 431. It is referred to- 
and commented upon in connection with that section. 

Sectiox -44:4. The treasurer of each school-district shall 
apply for and receive from the town treasurer all school 
money apportioned to the district or collected for the same 
by said town treasi; rer, and pay all money received by him 
on the order of the clerk, countersigned by the director, and 
not otherwise. He shall keep a book in which he shall enter 
all the money received and disbursed by him, specifying 
particularly the sources from which the same has been re- 
ceived, the persons to whom, and the object for which the 
same has been paid, and shall afford the clerk access thereto, 
when desired, to enable him to make his annual school re- 
port. He shall present to each annual meeting, a report 
in writing, containing a statement of all moneys received 
by him during the preceding year, and of each item of dis- 
bursement made by him, and exhibit the voucher therefor. 
At the close of his term of office, he shall settle with the 
district board, and deliver to his successor said book and all 
vouchers, orders, and papers coming into his hands as treas- 
urer, together with all money remaining in his hands as such 
treasurer. 

The district treasurer can ascertain the amount of money 
to which his district is entitled, by examining the certificate 
of apportionment on file in the town treasurer's office, 
which that officer receives from the town clerk. The dis- 
trict treasurer should pay all legal orders in the order of 
presentation, when no special direction appears upon the 
order to the contrary. 

The law now requires the treasurer to give the clerk ac- 
cess to his books, in making his report. 

It is a duty which the treasurer owes to himself, as well 
as to his district, to keep an accurate record of his accounts, 
so as to be able to present a clear and satisfactory statement 
of the transactions of the year. The account required to be 
kept by him, may be a simple cash account, in which the 
treasuTer persoiiallij, and in his individual name is charged 
with all school moneys received by him, and credited with 
each payment, specifying the date, the person to whom and 
the account on which it was made. It is convenient and 
will conduce to accuracy to number each credit consecu- 



. TO 

tively, and to affix the same number to the order to be pro- 
duced in proof of payment, and in support of such payment. 
This account should be kept in a book well bound, and a 
transcript of such account should be made, and with the 
proper vouchers, presented to the annual meeting. This 
transcript should be examined by a committee appointed by 
the meeting, and should be endorsed by said committee as 
having been examined and found correct, if the committee 
find it regular in all respects. When at the close of his 
term of office, he settles with the district board as required 
by law, the board should enter, upon the original account in 
the blank book, their certificate that they have examined 
such account up to and including the last preceding entry, 
(giving its date) and the vouchers therefor, and that they 
find the same correct. 

It is deemed proper to refer here to the present law in re- 
gard to embezzlement. Refusal of an officer or other per- 
son, made the custodian of money, to pay over the same on 
lawful demand, is declared to be embezzlement, and is 
punishable by imprisonment or fine. And if any person so 
demanding money and refused the same, neglects to make 
complaint against such officer, he is also punishable by im- 
prisonment or fine. Sections 4418-4421 of the revised stat- 
utes relate to this matter. It will be seen by section 983, 
that whenever any judgment has been rendered against the 
treasurer for any breach of the conditions of his bond the 
governor may declare the office vacant. The vacancy will 
be filled as other vacancies in the district board are filled. 

It is also deemed proper to refer here to the provisions of 
law relating to proceedings to compel the delivery of books 
and papers of public officers to their successors, contained 
in chapter XLIII revised statutes, and embracing sections 
977-983 inclusive. Severe penalties and summary proceed- 
ings are therein provided for failure to thus deliver books 
and papers to successors. 

Section 445. The treasurer of any school-district shall 
prosecute the town treasurer of the town in which such dis- 
trict or any part thereof ic, situated, for the recovery of any 
money belonging to such district, in all cases when such 
town treasurer shall refuse or neglect, for the space of ten 



71 

days from the time fixed by law therefor, to pay the same 
to the proper officer of such district. 

The treasurer will bring the action before a justice of the 
peace, if the amount withheld does not exceed $200 ; other- 
wise, in the circuit court. 

CLERK. 

Section 4iG. It shall be the duty of each school-district 
clerk : 

1. To report the name and post-office address of each 
officer of his district to the town clerk, or if a joint district, 
the town clerk of each town in which his district or any 
part thereof is situated, within ten days after the election or 
appointment of such officer. '^ 

2. To act as clerk when present, and record the proceed- 
ings of each district, and minutes of all meetings, orders, 
resolutions, and other proceedings of the district board, in 
the record book provided by the board, and to enter therein 
copies of all reports made by him to the town clerk. 

3. To make "in such book, or in some other suitable one, a 
record of all orders drawn upon the treasurer. 

4. To draw orders on the treasurer for money in his hands 
which has been apportioned to or raised by the district for 
that purpose, in payment, when due, of the wages of legally 
qualified teachers who have been employed by the board, 
and have taught the school of such district, and also to draw 
orders on the treasurer for money in his hands, to be dis- 
bursed for any other purpose, voted by a district meet- 
ing, according to the provisions of section four hundred and 
thirty, and each order shall designate the object for which 
and the fund upon which it is drawn, and shall be counter- 
signed, by the director. No order shall be drawn, counter- 
signed, or paid which is in favor of any person who has 
taught school in said district when not holding a certificate 
of qualification therefor, as provided by law, nor for the 
payment of which the money has not been appropriated 
according to law, and no order shall be drawn for any money 
received from the school fund income, for any other pur- 
pose than payment of teachers' wages.* 

5. To furnish, at the expense of the district for the use of 
each teacher, a school register in the form prescribed by the 
state superintendent, to procure the same to be returned to 
him at the expiration of the teacher's employment, and to 
preserve the same with the records and papers of the 
district. 

G. To perform such other duties as are or shall be imposed 
upon him by law. 

*Seo Form No. 24. 



72 

The duties of the clerk are such that the prosperity and 
harmony of the school of his district depend greatly upon 
the manner in which he discharges them. 

The name and post-office address of each district officer 
should be known to the town clerk, to enable him to hold 
official correspondence with them. 

The importance of full and accurate records cannot be too 
strongly enforced. The record book of the district should 
contain a full history of its school affairs. Dates, names, 
resolutions, votes, etc., should be given with such exactness 
that no trouble can arise which a reference to iis pages will 
not help to settle. Financial statements and reports should 
be spread out on the record book. Documents that are 
merely filed, are soon lost. 

The clerk cannot properly refuse to record the proceed- 
ings of a meeting that he wj,s opposed to calling. And 
although he may think the proceedings illegal, it is his duty, 
nevertheless, faithfully to record them. If illegal, they may 
be set aside by competent authority, on appeal; and the 
record of the clerk is of importance in deciding the question. 

As the board has no authority to contract with a teacher 
who does not hold a legal certificate of qualification, so also 
any use of public funds, from whatever source received, for 
the payment of teachers not legally qualified, is a palpable 
violation of law. It is the duty of the clerk to see and know' 
that the person employed is legally qualified and entitled to 
teach, before any order for payment is drawn. It is no less 
the duty of the director to refuse to countersign, and of the 
treasurer to refuse to pay, orders drawn in violation of law; 
and these officers are bound to know that orders are legal 
before they recognize them as valid. 

The order for payment of teachers' wages can be drawn 
only in fa,vor of the teacher. If he is desirous to apply his- 
wages to the payment of a private debt, he can indorse the 
order to his creditor, but it is for him, and not for the clerk, 
to distribute his wages. 

The provision and preservation of a school register is im- 
portant, and should be promptly attended to. The duties of 
the clerk as to his report are stated under section 4G2. 



73 

Every clerk of a district should feel that, by a proper dis- 
charge of his duty in keeping his records with fidelity and 
neatness, he may leave an honorable memorial of himself 
that shall last while his district exists. More especially may 
this be expected when he is paid for his services. 

WHAT SHALL BE TAUGHT. 
As Ame7ided by Chapter 327, Laws of 1885. 

Section 447. Orthography, orthoepy, reading, writing, 
grammar, geography, arithmetic, the constitution of the 
United States, and the constitution of this state shall be 
taught in everj^ district school, and such other branches as 
the district board may determine. All instruction shall be 
in the English .language, except that the district board or the 
board of education of any incorporated village or city may, 
in their discretion, cause any foreign language to be taught 
by a competent teacher to such pupils as desire it, not to 
exceed one hour each day. 

Provision shall be made by the proper local school authori- 
ties for instructing all pupils in all schools supported by- 
public money, or under state control, in physiology and 
hygiene with special reference to the effects of stimulants 
and narcotics upon the human system. 

The text-books used in giving the foregoing instruction 
shall receive the joint approval of the state superintendent 
of public instruction, and the state board of health. 

The law wisely provides that those branches essential to 
a good common education shall be taught in every public 
school, and that all branches of study shall be taught in the 
English language. 

The district board should avoid the introduction of any 
branch of study, aside from those required by law, which 
will tend to practically exclude the foregoing. They should 
insist upon the school being so conducted as to secure daily 
instruction and daily practice in reading, spelling, and writ- 
ing. These branches are often neglected, and others, such 
as algebra, Latin, and rhetoric, are introduced, to the detri- 
ment of all the scholars in the school. It is especially neces- 
sary that teachers should require their pupils to write in 
connection with every school exercise, from the primary 
school to the university. 

The law contemplates an English school. The object of 
the public school is to educate children so as to make them 



74 

good citizens. Its instruction, discipline, and government 
must be of such a character as to prepare the young to dis- 
charge their duties as citizens of a country where the 
language of the courts, the legislature, and the people, is 
the English language. To secure the requisite ability on 
the part of the teacher to carry out this provision of the 
law, section 449 provides "that no person shall receive a cer- 
tificate of any grade who does not write and speak the 
English language with facility and correctness." Teachers 
who speak other than the English language may be em- 
ployed, and their knowledge of German or Norwegian may 
be of great use in teaching the children of these nationali- 
ties, but every teacher must speak, write, and read English 
before he is legally qualified to teach a public school. 

The law does not require that the constitutions ehall be 
taught to all pupils, irrespective of age, but to such as are 
advanced enough to receive instruction with benefit. Text- 
books are no longer furnished for this purpose at the ex- 
pense of the state. 

In consequeoee of the large and increasing number of per- 
sons of foreign birth in this state, the law provides that one 
hour in each day may be given to instruction in foreign 
languages. The intention of this provision is not to encour- 
age, but rather to limit the introduction of other languages 
than the English into common schools. While it is natural 
that persons of foreign birth should wish their children to 
read as well as speak their native tongue, it is the jjolicy of 
the state to provide that all may learn the common language 
of the country. The provision in question is not intended to 
affect instruction in the classical or modern languages, when 
the same form a part of a course of study in high schools. 

The provision added by chapter 327, laws of 1S85, contem- 
plates instruction in physiology and hygiene, for all pupils 
sufficiently advanced in age and scholarship, with special 
reference to the effects of stimulants and narcotics upon the 
human system. By an amendment of section 449 no person 
can receive a certificate authorizing to teach in the public 
schools after the first day of January, 1886, who has not 
passed a satisfactory examination in physiology and hygiene 



75 

with reference to the effects of stimulants and narcotics upon 
the human system. 

In due time the text-books to be used in the instruction 
upon these subjects will be approved by the parties desig- 
nated for that purpose, and announcement will doubtless be 
made from time to time of the text-books so approved, for 
the information of district boards, who are required to adopt 
a text-book on this as on all other subjects taught in the 
schools. The effectiveness of the work in these branches 
will largely depend upon the simplicity and practical char- 
acter of the instruction given, and the good judgment of 
teachers in avoiding abstruse and offensive methods of pres- 
entation. jSTo more valuable or interesting study can be 
pursued than that of the structure and care of the human 
body, through which all intellectual and physical energy and 
power is to find expression. Competence to guide and aid 
pupils in this study can only be acquired through patient and 
thorough study on the part of teachers, to which they must 
now address themselves if they have not hitherto mastered 
the subject. 

in. CERTIFICATES AND EXAMINATIONS. 

Section 448. Every person who shall desire to teach in 
any of the common schools, unless he shall hold a diploma 
or certificate then authorizing him to teach, shall procure 
such certificate from the proper examining officer, as here- 
inafter provided ; and no certificate shall have force, except 
in the district of the examining officer who issued the same. 

The comments on section 438 are referred to in this con- 
nection. Teachers as well as school officers should see to it 
that the law in regard to certificates is carefully complied 
with. The only safe and prudent course is to obtain the 
certificate in due season, though it may require some trouble 
and expense. 

..4s amended by Chanter 327, Laws of 1885. 

Section. 440. There are hereby established three grades 
of teachers' certificates, to be known as certificates of the 
first, second, and third grades. Each certificate shall show 
the branches in which the holder has been examined, and his 
relative attainments in each branch. No person shall receive 



76 

any certificate who does not write and speak the English 
language with facility and correctness. No certificate shall 
be granted to any person to teach in the public schools of 
Wisconsin, after the first day of January, 1886, who has not 
passed a satisfactory examination in physiology and hygiene 
with special reference to the effects of stimulants and nar- 
cotics upon the human system. 

The last clause of this section, which was added by chap- 
ter 327, laws of 1885, while not in terms adding a branch 
in which applicants for any particular grade of certificate 
must be examined, yet in effect requires that an applicant 
for any grade of certificate shall pass a satisfactory exami- 
nation in the topics named. For further notes upon this 
matter see comments upon section 447. 

Section 450. , Every applicant for a certificate shall be 
examined in the subjects hereinafter mentioned for the 
several grades respectively as follows : For the third grade, 
in orthoepy, orthography, reading, penmanship, arithmetic, 
English grammar, geography, the history of the United 
States, the constitution of the United States, the constitution 
of the state of Wisconsin, and the theory and art of teach- 
ing. For the second grade, in all the foregoing, and also in 
grammatical analysis, physiology, physical geography, and 
elementary algebra. For the first grade, in all the foregoing, 
and also in higher algebra, natural philosophy, and geome- 
try ; and if found qualified, shall receive the certificate ap- 
propriate to his grade. A third grade certificate shall en- 
title the holder to teach for such period, not more than one 
year, as may be specified therein, in any town in the super- 
intendent district in which he is examined, except that it 
may be limited by the county superintendent to any town 
or school-district "therein. A second grade certificate shall 
entitle the holder to teach in any town in such superintend- 
ent district, and be in force one year from its date. A first 
grade certificate shall entitle the holder to teach in any 
town in such superintendent district, aiid be in force two 
years from its date. 

Candidates for a third grade certificate should be required 
as the minimum of qualifications, to spell correctly the 
words of any ordinary sentence, dictated by the examiner, to 
know something of the rules of spelling, to understand the 
use of capitals, and the diacritical marks in Webster's diction- 
ary; to pronounce with facility and correctness, common 
words, and to read distinctly and intelligibly from an ordi- 
nary book; to work readily any ordinary question in 



T7 

common arithmetic, giving reasons for the operations; to 
parse correctly anj sentence of common prose, and to under- 
stand the elements of sentential analysis; to have a fair 
knowledge of geography, especially of the United States, 
and of this state, of the history of the country, and of the 
constitutions of the United States and of Wisconsin; to write 
plainly, and to know something of the principles of pen- 
manship; and finally, to have some correct ideas of methods 
of teaching and of the management of a school, -^e,- also' 
comments upon section 449. 

Applicants for a second grade certificate should under- 
stand more thoroughly the rules of spelling, pronunciation, 
and elocution, the diacritical marks, and marks of punctua- 
tion; should spell all common words though difficult, and be 
able to read with intelligence and expression; they should, 
write a good hand, and be able to teach some good system 
of penmanship; they should understand the science of 
arithmetic, and be able to teach book-keeping by single 
entry; they should write grammatically and compose with 
facility, and should have, in addition to a thorough knowl- 
edge of the branches required for a third grade certificate, a 
good knowledge of the additional branches required for the 
second grade, more especially of physiology and hygiene. 

For a first grade certificate, the law requires a knowledge 
of higher algebra, natural philosophy, and geometry, in 
addition to the branches required for the lower grades, and 
the examination in the common branches should be thorough 
and searching. 

It would not be amiss if the law had provided that certifi- 
cates of the first grade shall be granted only to those who 
have had experience in the profession, and who have been 
eminently successful in the government of schools, but it has 
not done so. 

The third grade certificates are intended for temporary 
licenses, to be granted to persons of limited attainments. 
Earnest efforts are needed on the part of the superintendents 
to induce more teachers to seek certificates of a higher 
grade. District officers can greatly contribute to this result 
by seeking the best teachers, and they will find it the best 



78 

economy in the end, although wages paid to such teachers 
may be higher. 

Under the law as it now stands, the third grade certificate 
entitles the holder to teach for such period, not more than 
one year, as may be specified therein, in any town in the 
county or superintendent district; but it may be limited to 
any town or school-district, at the discretion of the examiner. 
These limited third grade certificates should be granted only 
when necessity requires. 

Second grade certificates will continue in force one year, 

and first grade tM^o years, unless sooner annulled. 

Section 451. Each county superintendent shall, under the 
advice and direction of the state superintendent, establish 
for his county the standard of attainment in each branch of 
study, which must be reached by each applicant, before re- 
ceiving a certificate of either grade, and the standard so 
established shall be uniform in the superintendent's district. 
He may demand an examination in such additional branches 
as the applicant may be required to teach, and whenever he 
shall deem it necessary may require a re-examination of any 
teacher in his district for the purpose of ascertaining his 
qualifications to continue as such teacher. 

In the comments on section 450, the minimum standard of 
qualifications of teachers for the several grades of certifi- 
cates is outlined, and these comments should be carefully 
noted by county superintendents in preparing tests for use 
in examinations. Uniformity of standard for the county 
does not require identity of questions. These may require 
to be changed, even during the same season. It will of course 
be the effort of the superintendent to raise the standard, 
as fast as the general progress in education will admit. 

It is not supposed that any superintendent will capri- 
ciously require re-examination, nor that he will not give 
proper faith and credit to the work of his predecessor ; but 
cases may arise in which duty will require such re-exami- 
nation. 

By chapter 311, laws of 1885, graduates of free high schools, 
after obtaining a first grade certificate of the county super- 
intendent of the county in which the free high school from 
which they graduate is located, and after one year of suc- 
cessful experience in teaching, may have the certificate of 



19 

standing accorded to them at graduation countersigned by 
any county superintendent, and thus made in effect a first 
grade county certificate vaHd for the period of four years 
from the time the same is countersigned. It will be noted 
that the diploma must be countersigned by the superintend- 
ent of the county or superintendent district in which the 
holder desires to teach. Being countersigned by one super- 
intendent will not give authority to teach in any county or 
district except that in which the superintendent counter- 
signing has jurisdiction. The law is hereto appended : 

Chapter 311, Laws of 1885. 

AN ACT relating to graduates of free high schools. 

Section 1. The high school board of each town, incorpo- 
rated village, city, or school-districts, which contains within 
its limits an incorporated village, in this state, in which 
there is, or shall hereafter be maintained a free high school, 
according to the provisions of law, shall make out and de- 
liver to each graduate of such respective high schools at 
the time of graduation, a certificate of his standing in the 
various branches which he has pursued in such school, and 
any such graduate who shall have duly passed an examina- 
tion for and received a first grade certificate from the county 
superintendent of schools of the county where he shall then 
reside or shall have so graduated, upon furnishing to any 
county superintendent satisfactory proof of having success- 
fully taught at least one school year under such first grade 
certificate, such county superintendent may countersign 
such certificate of graduation or diploma and the same 
when so countersigned shall have the same force and effect 
for all purposes of a first grade county certificate for the 
period of four years, from and after the time when the same 
is so countersigned. 

Section 452. Any applicant refused a certificate as a 
teacher by the county superintendent, may apply to the 
state superintendent for a re-examination. The superin- 
tendent, upon demand, shall give any applicant refused a 
certificate a written statement of the reasons of such re- 
fusal, which shall be presented to the state superintendent 
by the person desiring re-examination. P, upon such re- 
examination, the state superintendent shall be satisfied that 
such applicant is legally qualified, he shall issue a certificate 
of the proper grade, which shall entitle him to the same 
privileges as if it had been issued by the county superin- 
tendent. 



80 

An appeal from the action of a county superintendent in 
refusing to grant a certificate, must be conducted according 
to the rules and regulations of the department governing 
appeals. As the county superintendent fixes the standard 
of attainments under the advice of the state superintendent, 
no appeal need be taken under the impression that the 
standard w^ill be lov/ered. 

If the refusal is for want of literary qualifications, a re- 
examination will probably be necessary. If for other rea- 
sons, the decision will be rendered according to the evidence 
submitted. The forms and rules to be observed by a teacher 
in taking an appeal will be found under section 497. 

Section 453. When any charge shall be made against 
any teacher in his district, affecting his moral character, 
learning, or ability to teach, the county superintendent shall 
give to such teacher, and the district board by whom he 
is employed, at least ten days' notice in writing of the time 
and place when and where he will hear the same, which 
shall in all cases contain a statement of such charges. At 
the time and place fixed in such notice, he shall proceed to 
hear the proofs on either side, and may administer oaths 
therefor, and give the accused a reasonable opportunity to 
defend himself, and if he shall find the charges sustained, 
and sufficient, he may annul his certificate. Such annulling 
of a certificate shall not disqualify the teacher until notice 
thereof, containing the name, date, and reasons therefor, 
shall be filed in the office of the town clerk, and a copy 
thereof delivered to the clerk of the district in which such 
teacher is employed. 

STATE CERTIFICATES. 

Section 454. The state superintendent shall, before the 
second Wednesday of August in each year, appoint three 
competent persons, residents of this state, who shall consti- 
tute a board of examiners. Said board shall meet at the 
capitol once or more each year, at such times, and also at 
such other places as the state superintendent shall prescribe, 
for the examination of all applicants for state certificates. 
The state superintendent shall prescribe the manner of 
making application, of conducting and managing such ex- 
aminations, reporting the results thereof, and with the 
advice of the examiners, in what branches of study, in 
addition to those fixed by law, the applicant for an unlimited 
state certificate shall be examined. 



81 

Section 455. To entitle an applicant to a limited state 
cenificate, the examiners shall be satisfied, and shall report 
to the state superintendent that he possesses the requisite 
scholarship in all the branches of study required for a first 
grade county certificate, and also in mental philosophy and 
English literature. To entitle him to an unlimited state 
certificate, they shall be satisfied and report that he pos- 
sesses the requisite scholarship in all the branches above 
named, and in all such others as shall have been prescribed. 
After successful examiT-ation each applicant shall furnish 
to the state superintendent such evidence as he may require 
of good moral character, experience, and success in teaching 
and there upon the state superintendent shall issue to him 
such certificate as is awarded bim by the report of the ex- 
aminers. A limited state certificate shall qualify to teach 
in any public school in the state without further examina- 
tion, for five years from its date, unless sooner annulled 
An unlimited state certificate shall qualify to teach, withou 
any further examination, in any public school in the statet 
or until the same is annulled. 

ttiiCrioN -t-)d. i'hd staie superintendent shall record the 
date of each certificate, and the name, age, and residence of 
the person to whom issued ; and he shall preserve on file in 
his office all papers relating to the examination of applicants 
for state certificates. 

Section 457. Any state certificate may be revoked by the 
state superintendent for incompetency or immoral conduct; 
but before any such revocation, the holder shall be served 
with a written statement of the charges against him, and 
shall have an opportunity for defense. 

Section 458. There shall be paid out of the state treasury, 
to each examiner appointed as aforesaid, three dollars per 
day for all time actually and necessarilj'' spent in going to,, 
holding, and returning from any such examination, and all 
his actual and necessary expenses therein to be fixed and 
ce^rtified by the state superintendent. 

Since 1872, there have been two grades of state certificates. 
Applicants for either grade are required to present satisfac- 
tory evidence of good moral character. 

The present requisites for obtaining a limited state certifi- 
cate, good for five years in any public school in the state, are 
a successful examination in the studies now required for a 
first grade county certificate, with the addition of English 
^.literature and mental philosophy, and satisfactory evidence 
of success in teaching for at least three ordinary school 
terms. The rudiments of mental philosophy only are re- 
quired. For the unlimited certificate, the rudiments of 
6— S. C. 



82 

botany, geology, and political economy, and general history 
are added. Evidence of success in teaching nine terms will 
also be required. 

Under the present rules an examination in zoology and 
chemistry is not required. 

When an applicant is personally known to the state super- 
intendent, or to either member of the board of examiners, as 
having a good moral character, no specific testimony will be 
required; but when not thus known, written testimonials 
from one or more responsible persons acquainted with the 
applicant, must be presented. 

In respect to the length of time that an applicant has 
taught, his own declaration, giving the time, place and kind 
of school, will be sufficient. 

The proof of success in teaching must be clear and ex- 
plicit. Written testimonials from employers, or ether re- 
sponsible and competent persons, will be required. 

The examination will be conducted by both oral and 
printed questions, in such manner that exact justice will be 
done to each applicant. 

Applicants who fail in any of the branches required, may 
present themselves for re-examination in the branches for 
the limited certificate, within one year; and for the un- 
limited certificate, once within two years. A re-examina- 
tion in those branches in which they have been successful, 
Avill not be required. 

The necessary stationery, etc., will be furnished by the 
state superintendent, and no fee will be charged for certifi- 
cates. 

An unlimited state certificate entitles the holder to teach 
in any public school in the state, and will be valid during 
life, unless revoked for incompetency or immorality. The 
limited certificate is subject to the same conditions as the 
unlimited one, and confers the same privileges for a period 
of five years. 

It is the object of the law to recognize and honor those 
experienced and successful teachers who have given charac- 
ter to their profession, and to furnish to young teachers a 
proper incentive to honorable exertion. 



88 

It is hoped that through the hearty co-operation of all per- 
sons interested in the subject, the objects of the law may be 
fully realized, and that the standard of teachers' qualifica- 
tions may be essentially raised, and more clearly defined. 

DIPLOMAS AND STATE CERTIFICATES. 

As diplomas from the normal schools, from the state 
university, and from other colleges and universities in the 
state, may become state certificates, so much of the law as 
relates to the matter is inserted here. 

First is given section 405, of the revised statutes, relative 
to diplomas granted by the board of regents of normal 
schools : 

Section -iOS. Said board may grant diplomas in testimonv 



regents of the university: 

Section 387. * * * After any person has graduated at 
the state university, and, after such graduation, has success- 
fully taught a public school in this state for sixteen school 
months, the superintendent of public instruction shall have 
authority to countersign the diploma of such teacher, after 
such examination as to moral character, learning, and 
ability to teach, as to the said superintendent may seem 



/ 



proper and reasonable. Any person holding a diploma 
granted by the board of regents of the state university, 
certifying that the person holding the same is a graduate 
of the state university, shall, after his diploma has been 
countersigned by the state superintendent of public instruc- 
tion as aforesaid, be deemed qualified to teach any of the 
public schools of this state, and such diploma shall be a cer- 
tificate of such qualification until annulled by the superin- 
tendent of public insiruction. 

The law passed at the session of the legislature in 1880 
providing that diplomas granted by other colleges and uni- 
versities of the state, may become state certificates, is as 
follows : 

Chapter 209, Laws of 1880. 

AN" ACT authorizing the granting of state certificates to 
graduates of colleges and universities. 



^ The statute relating to diplomas granted to graduates of 

/ the normal schools, allows such diplomas to become unlimited 

state certificates alter the holder has taught successfully one 
year. The ruhng of the state superintendent is that one year 
shall be understood as not less than eight school months. 
This applies to the diplomas granted to those who have taken 
the full or four years' course. In like manner, and on the 



85 

same condition of having taught one year, the certificate 
granted to those who complete the elementary course may 
become a limited state certificate. 

The statutes in regard to diplomas granted by the state 
university and other incorporated colleges and universities 
of the state, prescribe that the holder shall have taught six- 
teen school months, before such diplomas can be councer- 
signed and become state certificates. A school month is 
understood to be twenty days in length. 

In regard to moral character, length of time that the grad- 
uate has taught, and his success in teaching, the rules by 
which the state superintendent is governed in countersigning 
diplomas, are similar to those announced in the comments 
on the law as to state certificates granted on examination. 

Chapter 303, laws of 1882, authorizing the state superin- 
tendent to countersign first or second grade county certifi- 
cates and limitediife certificates held by persons who have 
taught in the state successfully for the period of twenty-one 



or an uuiimn/Oij. oi/cn-v^ \^y^^ ^^^^^^^. 

TEACHEk'S MONTH AND LOSS OF TIME. 

Section 450. In settlement for wages between teachers 
and district boards, and other employers of teachers in the 
public schools, twenty days of teaching shall constitute a 
school month, unless it be otherwise specified in the con- 
tract; and all legal holidays occurring on school days shall 
be counted, although no school be taught, but no Saturdays 



86 

shall be counted. The district board may, in their discretion, 
give to any teacher employed, without deduction from his 
wages therefor, the whole or any part of his time spent by 
him in attending the sessions of any institute held in the 
county embracing the school-district, or any part thereof, 
upon such teacher's furnishing to the district clerk, to be filed 
by him, a certificate of regular attendance upon such insti- 
tute, signed by the person conducting the same. 

Both school boards and teachers should take notice that 
the teacher's month is always 20 instead of 22 days, unless- 
it be otherwise specified in the contract; also, that all legal 
holidays, but no Saturdays, are to be counted. The legal 
holidays are named in the comments on section 462. 

It is recommended to school boards to exercise the power 
here given to them, and allow teachers to attend institutes 
without deducting all the time. The schools will be the 
gainers by this general policy. The certificate of attendance 
required by the law should be produced by the teacher, be- 
fore his wages are paid. 



It is the duty of the clerk to furnish the teacher promptly 

tne school law, which provides that, for willfully nerfeotino- 
or refusmg to comply with its requirements he shaU for °> 
his wages during such neglect or refusal. 'f 

The form of a school register is given i„ the appendix (No 
25). Economy will be the best subserved in Z end, iFa 



87 

good and substantially bound book is procured for this pur- 
pose. Registers are not supplied by the Department of 
Public Instruction. Registers of the form approved may be 
obtained at the bookstores, or of firms that deal in school 
supplies. 

The clerk should require the teacher to return the school 
register at the end of the term for which he is employed, and 
should ascertain that it has been properly kept, before he 
draws an order on the treasurer in payment oi the teacher's 
wages. He should also frequently examine the register dur- 
ing the term, in order to secure that accuracy in the method 
of keeping it, which will enable him to make a reliable . 
report to the town clerk. Teachers are required by this 2- 
section to render reports relating to their schools, ajadr-'a^ 
refusal so to do is sufficient ca.use for^annuUino- a-ri^rtifir'afA 



therefor. They shall deliver such order to the clerk of the 
district, and transmit forthwith a copy thereof to the clerk 
of the town, and also to the state superintendent. Such 
order shall take effect from its date, unless within thirty 
days after it is delivered to the district clerk, the same shall 
be reversed by the state superintendent for cause shown, 
and from the time said order shall take effect, the district 
shall not share in any apportionment of the school fund 
income for any school kept in any building so declared to 
be unfit for school purposes. 

5. To report annually to the board of supervisors of his 
county, the condition of the schools under his supervision. 

6. To receive from the town, city, or village clerk, the 
abstracts of the reports of the district clerks required to be 
made by law, and to transmit the same to the state superin- 
tendent; and before the first day of May in each year, to 
transmit to the state superintendent the nanae and post- 
office address of each town clerk in his district, and from 
time to time such other facts relating to education in his 
district as the state superintendent shall require. 



Section 975, Revised Statutes. 

Section 975. The judge of the circuit court may, in term- 
time, or vacation, by an order specifying the cause thereof, 
a copy of which he shall certify to the county clerk, remove 
any county superintendent of schools in his circuit for 
incompetency, willful neglect of duty, or for acting as agent 
for, or receiving any fee or reward from any author, pub- 
lisher, bookseller, or dealer in school books, maps or charts, 
or school library books, or school furniture or apparatus. 
Such removal shall be made only upon a petition, setting 
forth fully the charges preferred against him, and after a 
copy thereof, with a notice attached, stating the time and 
place, when and where such petition will be presented to 
such judge, shall have been personally served upon such 
superintendent, at least thirty days before the hearing, and 
an opporturnity given him to be heard. The testimony shall 
be taken and the proceedings conducted summarily under 
such reasonable regulations as the judge shall prescribe. 

In the discharge of the duties imposed upon county super- 
intendents by this important section, these officers will find 
opportunity for doing inestimable good. To properly per- 
form them will require the exercise of patience, prudence 
and firmness, and generally the assiduous employment of 
all their time. In this way alone will they secure the confi- 
dence of the people. 

EXAMINATION OF TEACHERS. 

1. The examination of teachers , should be confined to 
ascertaining their qualifications in respect, first, to moral 
character; second, to learning; third, to ability to teach. 



ent from his own, or indiscreet in the utterance of his 
religious or political views, ought not to be permitted to 
enter a public school as a teacher. Neither should a person 
receive a certificate of good moral character, who is not 
truthful, temperate, orderly, honest, and prudent. A teacher 
should be courteous, simple in his tastes, kind and considerate 
toward the unfortunate, just in his dealings, patriotic, public 
spirited, and pure minded. 

Comments upon the different grades of certificates author- 
ized to be given, are to be found under section 450. 

As to the learning of applicants, the law specially sets forth 
the branches in which they must be examined, and the dif- 
ferent certificates which county superintendents are author- 
ized to grant. The method of examination required is by 
written and oral questions. Questions to be answered by 
writing should be prepared with great care. They should 
be definite, involving principles rather than facts, and suffi- 
cient in number to test the knowledge of the teacher. The 
questions are generally printed on slips of paper, the super- 
intendent exercising due care to prevent candidates for cer- 
tificates from knowing beforehand what they are. All neces- 
sary preparation should be made, such as providing a room^ 
where teachers can write; removing all temptation to aid or 
seek aid; obtaining paper, ink, pens, etc. ; seeing that the black- 
board is in good order, and that rubbers and crayons are at 
hand, and that the room is warmed, lighted, and ventilated. 



91 

The time appointed for meeting should be such as will enable 
all to be present, who design to attend, and no allowance 
should be made for a failure consequent upon tardiness or 
unnecessary absence. The time alloted for each set of ques- 
tions should be stated on the pap^^r containing the printed 
questions, and such rules should be established as will pre- 
clude communication or interruption during the time of 
examination. 

County superintendents should carefully discriminate be- 
tween the standard of attainments in each branch of study 
which they are authorized to establish, and which each ap- 
plicant for a certificate may be required to reach (see com- 
ments on section 450), and the standing or relative attain- 
ment, in those branches, which is to be shown in the certifi- 
cate, as required by section 449. The standard involves the 
scope or extent of the candidate's ability, scholarship and 
powers, which are deemed indispensable qualifications for 
teaching, and involves clearness of perception and under- 
standing, with ability to communicate and elucidate. Stand- 
ing implies relative attainments in the several branches as 
determined by the particular test of the examination. 

Discrimination in this matter will result in careful con- 
sideration of the plan of examination, as well as the ques- 
tions to be submitted. The latter can be properly prepared 
only after the standard is definitely determined, and should 
be rigidly confined to tests within the limits of the standard 
fixed. 

As a rule, the examiner should not know the name of the 
person whose papers he examines. By numbering the can- 
didates and requiring them to use the numbers instead of 
their names in signing their papers, there will be no suspi- 
cion of partiality. The name and corresponding number of 
each candidate should be written on a card. The cards 
should be collected and carefully laid aside until the results 
of the written examination are determined; and the owner 
of each paper may be known by finding the name on the 
card corresponding with the number on the paper. 

All papers written at examinations should be preserved 
by the superintendent, kept on file in his office during the 



92 

life of the certificate issued thereon, and so arranged that 
reference may readily be made to them. In case of com- 
plaint, any errors that may have been committed may thus 
be corrected. 

In "marking" or determining the standing of candidates, 
ten should be taken as the maximum. The writing, punctu- 
ation and spelling should be correct. No attainments in 
science can be taken as an equivalent for deficiencies in the 
" common branches." 

In conducting the examination orally, such notes should 
be made by the examiner as will enable him to avoid errors 
of judgment. Pronunciation, choice of words, facility of 
illustration, ability to use the crayon at the blackboard, 
power of expression, use of the voice, self-possession, man- 
ners, and, in general, scholarly culture, are things to be 
observed in the oral examination. If a person does not pos- 
sess these in some tolerable degree, he cannot teach, and 
ought not to be licensed. 

In many cases, too little time is given to the examinatio:i. 
No person can properly examine twenty or thirty teachers 
in a single day. At least ten hours diligently employed are 
necessary to enable the examiner to pass upon the qualifi- 
cation of twenty teachers seeking the lowest grade of cer- 
tificate. 

A record of all examinations should he kept. The names 
of applicants with their ages and residences, and the grades 
of those licensed, should be carefully and accurately re- 
corded. The dates of examinations and of certificates 
ought to be preserved as a portion of the permanent records 
of the office, and all papers relating directly or indirectly to 
examinations should be preserved, arranged and filed for 
future reference, 

"AbiHty to teach," involves more than mere learning. 
One who does not speak the English language with fluency, 
correctness and good taste cannot teach the branches re ■ 
quired " in the English language," as the law provides. It 
also involves knowledge of the usages of society and of the 
rights of parents and children; also, of the laws relating to 
public schools, property, reputation and life. To teach 



93 

requires courage, fortitude, forbearance, discretion and 
patience; hence, granting certificates to boy^ and girls is a 
violation of the spirit of the law, and show^ a want of com- 
mon sense. 

In preparing questions for written examinations, effort 
should be made to so frame them as to fairly test candi- 
dates' knowledge of the facts and processes involved in the 
subject, the reasons of the processes, the relations and prac- 
tical significance of the facts and processes, and ability to 
develop the general subject by correct methods, to accom- 
plish the disciplinary as well as acquisitive advantages of 
the study. 

ANNULLING CERTIFICATES. 

The power conferred by law upon county superintendents 
to annul certificates, should be exercised with discretion and 
firmness. 

Deficiency in learning or ability to teach, or immoral 
character, constitutes a ground for annulment. If a teach- 
er's deficiency relates to learning, and it is within the knowl- 
edge of the superintendent, he should re-examine him; and 
if it relates to bad morals, he should investigate the matter, 
giving the teacher proper notice; and if he fails to exculpate 
himself, his certificate may be annulled. In case of complaint 
made to the superintendent by others, the teacher should 
receive notice of the time and place at which he will be ex- 
amined, and at which proof will be heard on behalf of both 
complainant and teacher. 

When the complaint relates to the moral character of the 
teacher, full opportunity must be given him for his defense. 
He should be made acquainted with the precise charges 
affecting his character, and ample time should be allowed 
him to prepare proofs, and to bring witnesses to explain or 
disprove the charges. 

The law authorizing superintendents to annul certificates, 
and directing the course to be pursued, is found in section 
453. 

The superintendent should not subject the teacher to a 
public accusation, unless some person shall make complaint 



94 

to him, and sustain it by his own oath, or that of witnesses 
whom he produces. All testimony should be reduced to 
writing. It is for the complainant to produce the evidence 
of the charges he prefers. The accused is entitled to the 
privilege of cross-examining witnesses, and is not bound to 
offer any testimony until something is proved against him. 
As an appeal may be taken from the action of the county 
superintendent to the superintendent of public instruction, 
the former should take full minutes of the testimony, as it is 
given, as nearly as possible in the language of the witness. 

VISITING SCHOOLS. 

The duty of visiting schools is among the most important 
of those required of the county superintendent. School vis- 
itation depends for its efficiency upon the manner in which 
it is performed. A stated formal visit does no good, and 
sometimes does harm. A short call, without an opportunity 
to learn anything of the real condition of the school, is useless. 

The visits should be quite unceremonious, unexpected to 
teachers and pupils, and the superintendent should, besides 
observing the routine of the school room, inform himself in 
regard to the progress and attainments of the pupils. He 
should examine classes in spelling, reading, and writing, in 
preference to those in algebra, French, and rhetoric, and 
should show both teacher and scholars that he attaches 
more importance to those branches that constitute the foun- 
dation of education than to those, a superficial knowledge 
of which may be obtained by very poor scholars. The 
teacher's method of classification should be examined. It 
sometimes happens that scholars are hastily assigned to the 
wrong class, and there allowed to remain for months, on 
account of the indifference or ignorance of the teacher. If 
classes can be consolidated with advantage, it should be 
done, and the superintendent should feel that he, as well as 
the teacher, is responsible for the progress of every school 
in his county. 

By his visitation, and by the reports he may require of 
teachers, the county superintendent can do very much to 
.secure the use and promote the efficiency of a course of 



95 

study in all the schools. He should take pains to explain its 
use and advantages to teachers, and inspire pupils with am- 
bition to compass all the work prescribed in the course thor- 
oughly and creditably; excite emulation among different 
schools; examine classes to determine the progress they are 
making, and for promotions, and upon completion of the 
course; interest patrons and officers in this systematic and 
progressive work, and secure, if possible, their hearty co-op- 
eration, by aiding in securing punctuality and regularity in 
attendance. 

The school register should be examined, and if not kept in 
such manner as to show classification and progress of all 
pupils, and such comments as will aid a successor in taking 
up and carrying f orw ard the work of the school from the 
point of advancement reached during the term, as well as 
name, age, sex and daily attendance, such instruction should 
be given and such measures taken as will lead the teacher 
to keep it in proper form. The condition of the school li- 
brary, apparatus, maps, etc., should be ascertained and noted. 
The desk, blackboards, furniture, stove, windows, doors, 
wood shed, fence, out-houses, etc., should be inspected, and 
a report of the condition of the school, school-house, and 
surroundings, should be made to the district board in writ- 
ing. Such suggestions as are required may also be made. 

The district officers should be reminded of the annual dis- 
trict report, and the necessity of accuracy and promptness 
in making it should be enjoined upon them. The manner in 
which the district records and accounts are kept, should be 
made a subject of investigation, and if necessary, of advice. 
Attention should be given to the certificate of the teacher, 
and if public money is paid to teachers not qualified, the 
consequences of such disregard of law should be pointed out, 
and measures taken to prevent it. No person has a right to 
teach in a public school who does not hold the certificate of 
qualification required; no officer has a right to pay a dollar 
upon an order in favor of such unqualified teacher; the clerk 
and director who draw the order are misappropriating public 
money; and the duty of the county superintendent is to pre- 
vent this unlawful practice. 



96 

The superintendent should seek to remove diflSculties 
growing out of changes in district boundaries, family ani- 
mosities, or dissatisfaction with the action of school officers. 
He should invite the people of the district he is visiting to 
meet him at the school-house, and should then address them 
upon the educational interests of their district. The address 
should be plain, pointed and pertinent. No adulation or 
flattery should be indulged in. The results of observation 
and examination should be given with such plainness as 
discretion and good taste will warrant. An effort should be 
made to instruct and improve rather than please. The peo- 
ple always respect an earnest, truthful man, but they are 
merciless towards a timid, hypocritical one. 

If practicable, a report of the condition of each school 
should be made in luriting to the district board. Their at- 
tention should be particularly called to those things that are 
necessary for the comfort, health, and progress of the child- 
ren. The school register will furnish, if properl)^ kept, facts 
that may be made the basis of calculations in regard to 
attendance, absence, irregularities, etc., that will be both in- 
teresting and instructive. It is also well to address a commu- 
nication to the teacher, commending what deserves approval, 
and calling special attention to those things that need cor- 
rection. • 

INSTITUTES. 

It is made the duty of the superintendent to hold insti- 
tutes, and at least one should be held each year. Such prep- 
aration should be made as will secure a prompt and general 
attendance. A suitable room, well ventilated, properly 
warmed, and furnished with desks, blackboards, etc., is in- 
dispensable. By proper effort, the co-operation of the people 
in the vicinity of the place where the institute is held may 
be secured. Care should be taken not to tax the hospitality 
of the people for the benefit of those not engaged in teach- 
ing, merely to swell the number in attendance. 

The notice for the institute should suggest to the teachers 
the necessity of bringing with them paper, pencils, note 
books, and such school books as may be required. 



97 

Arrangements should be made for addresses, and if the 
superintendent deems it advisable, some prominent teachers 
may be secured to conduct the institute exercises. For some 
years past, the board of normal regents has granted aid to 
institutes out of the income of the normal school fund. If 
preferred, a conductor from one of the normal schools is 
furnished to take charge of the institute, if practicable. 

The programme should, if practicable, be published with 
the notice, and should be strictly adhered to during the 
time the institute is held. When a conductor is furnished, 
it is expected that he will follow the'" syllabus," or general 
system set forth for the purposes of institute work. A por- 
tion of each session should be devoted to discussion, and the 
superintendent, or other conductor, should be prepared to 
answer such questions in regard to the school law and school 
matters generally, as the teachers may wish to ask. Punc- 
tuality, regularity, and good order should be maintained, 
and an effort should me made to render the institute a model 
school in its methods of recitation, instruction, and general 
arrangement and management. 

The county superintendent should preside and conduct the 
exercises in part, at least. Careful attention should be given 
to the register and the gathering of the statistics required 
to be recorded therein. In all respects, the institute should 
be a well-ordered and business-like body, diligently doing 
its appointed work. ISIo time should be frittered away in 
excursions, picnics, or parties. 

EXAMINATION DISTRICTS, AND PRIVATE EXAMINATIONS 

To facilitate the examination of teachers^ and to lessen 
the trouble and expense to them, the law requires inspection 
districts, and due notice of the time and place of the exam- 
inations. It will be noticed tha" the law is so amended as 
not to require more than four inspection districts in some 
counties, and in others not more than three, according to the 
number of schools. 

Examinations should be public that there may be no sus- 
picion of favoritism or neglect. The uniformity in ques- 
7-S. C. 



9S 

tions required is not an identity of the questions submitted 
to each candidate which would generally be impracticable 
in regard to oral questions, and sometimes unadvisable as 
to the written ones; but an equality, through the county, in 
the diflRculty of the questions propounded, and in the thor- 
oughness of the test to which the candidates are subjected. 
Before granting private examinations, the county superin- 
tendent should always satisfy himself that the absence of 
an applicant from the j)ublic examinations was necessary 
and unavoidable. Although the certificates granted at 
special examinations are of short duration, yet the candi- 
date should not be less thoroughly examined than if pres- 
ent at a public examination. Private examinations are 
mostly or quite avoided, by some superintendents, by ap- 
pointing a supplementary examination late in the season. 
Good judgment will be required to avoid, on the one hand, 
too much easiness, and, on the other, an arbitrary exercise 
of power. 

V. REPORTS. 

As amended by Chapter 298, Laivs of 1883. 

Section 462. It shall be the duty of the district clerk, be- 
tween the tenth and fi.fteenth days of July in each year, to 
make and transmit to the town, city or village clerk, a writ- 
ten report, dated on the tenth day of July of such year, 
signed by him and verified by his affidavit, showing: 

1. The number of children, male and female, designated 
separately over the age of four and under the age of twenty 
years, residing in the district, and the names of their par- 
ents or other persons with whom such children resided, re- 
spectively, on the last daj'' of June preceding. 

2. The whole number of children, males and females des- 
ignated separately, between the ages of four and twenty- 
years, taught in the district school during the year for 
which such report is made, by teachers duly qualified. 

3. The number attending school during the year, under 
the age of four, and the number over the age of twenty 
years. 

4. The whole time, in days, any common school has been 
taught in the district, including holidays, and the whole 
number of days, including holidays, such school has been 
taught by teachers qualified according to law. 

5. The names of all teachers employed during the year, 
the numbei" of days taught by each, including holidays, and 



99 

the monthly wages paid to each; and the time allowed any 
teacher for attendance on any institute, for which no wages 
were deducted. 

0. The amount of money received from the town treas- 
urer, the amount from district taxes, and the amount re- 
ceived from all other sources during the year, and the 
manner in which the same has been expended, showing sep- 
arately the expenditure of school money received from the 
state. 

7. The kiiid of, books used in the school. 

8. Such other facts and statistics in relation to the schools, 
public or private, in such district, as the state superintend- 
ent may from time to time require. The clerk of each joint 
school district shall report to the town clerk of each town, a 
part of which is embraced in such district, the number of 
children residing in such part, in the manner set forth in this 
section, and the remainder of the items specified in this sec- ' 
tion shall be embraced in the report made to the town in 
which the school house is situated. . 

Blank forms for the reports of district clerks are prepared / \ 
by the state superintendent, with printed instructions in re- 
gard to the mode of filling them up, and are transmitted 
through town clerks to district clerks. These blanks 
will from time to time, require other information in addi- 
tion to that specified in the above section, in order to enable 
the superintendent to lay before the legislature a full report 
of the educational affairs of the state. It is of the highest 
importance that the annual district reports should be 
promptly completed and deposited with the proper town 
clerk. Some explanations are given below in reference to 
the foregoing subdivisions. 

The school year begins on the first day of July, and ends 
on the last day of June. 

The law requires that the names of parents or other per- 
sons, with whom children to be enumerated reside, shall be 
written. The greatest care must be exercised in taking the 
census of the school children of the district. School money 
is apportioned on this census. 

For remarks on residence, see commentary on sections 
■438 and 430. Mere hoarders or lodgers are not to be included 
in the enumeration of pupils, for they are presumed to be- 
long to families residing in some other district of the state; 
but persons who pay for their board and lodging by devot- 



100 

ing a part of the day to work, in the service of the household, 
while the rest is spent in attendance at school, and lulio have 
no other legal residence, are considered as constituting 
members of the family with whom they reside. It must be 
borne in mind that the enumeration of one year is the basis 
of the apportionment of the next, and hence, children 
should be enumerated in the district that is bound to furnish 
them instruction, that such district may receive an appor- 
tionment on their account, and care should be taken that 
the same children are not enumerated in two districts. (See 
remarks on section 430, under subdivision 12.) 

Those children whose parents do not reside in this state, 
should be included in the school census, provided such 
children reside in a family of a district, and not in a mere 
boarding school or other establishment for the purpose of 
education. Children in an orphan asylum are deemed the 
wards of the incorporated association that has them in charge, 
and are not to be included in the enumeration. Children sup- 
ported at public charge require a residence in the district 
where thus supported, and are to be instructed in such 
district. The law relating to this subject is section 512. 

All persons more than four and less than twenty years of 
age, although themselves the masters or m^'stresses of fam- 
ilies, are to be enumerated. 

The whole number of children who have received instruc- 
tion from legally qualified teachers since the first day of 
July of the year preceding, is to be stated, without regard 
to the fact of their attendance having been long or short, or 
of their parents having been residents or non-residents. 

It is to be hoped that the annual reports will show few in 
attendance at school less than four years of age. All that 
children need to learn before they are six years of age 
ought to be taught them at home. 

It is required that the whole number of days a school has 
been taught by a qualified teacher be stated, in order that 
the town clerk may apportion money to such districts only 
as have complied with the law. A district, to be entitled to 
share in the annual apportionment of the income of the 
school fund, must maintain a school at least six months of 



101 

twenty days each, including legal holidays, and such school 
must be taught by a legall}^ qualified teacher. 

The legal holidays in this state are New Year's day, the 
twenty-second of February, the thirtieth of May, the fourth 
of July, the day of general (or fall) election, Christmas day, 
and all days of thanksgiving which are appointed by na- 
tional or state authority. By section 2577 of revised statutes 
it is provided, that whenever a legal holiday shall fall 
upon a Sunday, the succeeding Monday is a legal holiday. 
See comment on section 459. 

The monthly wages paid to a teacher includes all expenses 
incurred by the district on his account for board. If the 
district boards the teacher, the cost of board is to be added 
to the amount of monthly pay, and the sum of the two items 
constitutes his monthly wages. 

For directions in regard to making the annual report, the 
clerk will carefully study the blanks which are furnished by 
the Department of Public Instruction. In case a clerk fails 
to receive the blanks needed in time to make his annual re- 
port as required by law, he should, without delay, notify the 
state superintendent of the fact, that they may be sent. 

The clerk of a joint school-district must report to the town 
clerk of each town, a part of which is embraced in his dis- 
trict, the number of children, male and female designated 
separately, over the age of four and under the age of twenty, 
residing in that part of the district lying in the town to the 
clerk of which the report is sent. Care should be taken not to 
report to any town clerk a greater number of children over 
four and under twenty years of age than reside in that part 
of the district lying within his town. In some instances, 
the whole number of children in a joint district is reported 
to each town clerk, causing the district to receive more than 
its share of school moneys distributed. This should be care- 
fully avoided. 

He must also report to each town clerk whose town em- 
braces any part of the district, the number of days a school 
has been taught in his district by a legally qualified teacher 
during the year covered by the report. This is obviously 



102 

necessary to enable the town clerk to determine whether he 

can legally apportion money to the district. 

In addition to the foregoing items, the clerk of a joint 

school district will report all the other items called for in the 

general blank, to the clerk of the town containing that part 

of the district in which the school-house is situated. 

As amendedby Chapter 293, Laws of 1888. 

Section 463. Each town clerk shall, between the "tenth 
and fifteenth days of Augjist, in each year, make and trans- 
mit to the county superintendent of the county or district 
in which his town is situated, a report bearing date on the 
tenth day of said month, stating: 

1. The whole number of school districts separately set off 
within the town, and the number of parts of joint districts, 
in which the school houses belonging thereto are located in 
his town. 

2. The districts and parts of districts from which reports 
shall have been made within the time limited for that pur- 
pose. 

3. The length of time a school shall have been taught in 
each such district, or parts of districts. 

4. The amount of public money received in each. 

5. The number of children taught in each, and the num- 
ber of children over the age of four and under the age of 
twenty 3'ears residing in each. 

6. The whole amount of money received in the town for 
school purposes since the date of the last preceding report, 
setting forth, separately, the amount received from the 
state through the county treasurer, the amount levied by 
the county board, and the amount raised by the town at its 
annual meeting. 

-7, The amount of money raised by district tax for school 
purposes. 

8. The manner in which said moneys have been expended, 
and whether any and what part remains unexpended, with 
such other information as the state superintendent may 
require, and as may be reported to him by the district 
clerks. 

Blank reports, prepared by the state superintendent, are 
annually sent to town clerks. Such instructions as are 
needed always accompany the blanks. 

In towns which have adopted the "township system of 
school government," the report required in the foregoing 
section will be made by the " secretary of the town board of 
school directors," as provided in section 537 of the revised 
statutes. 



103 



As amended by Chapter 298, Laics of 1883. 

Section 464. Each county superintendvsnt shall, on or be- 
fore the fifteenth day of S&ptetnhe^, in each year, make and 
transmit to the state superintendent a report in writing, set- 
ting forth the whole number of towns in his district, distin- 
guishing those from which the required reports have been 
made to him by the town clerks, and containing an abstract 
of their reports, and also embracing an abstract of the an- 
nual report of the secretary of each free high school in such 
district, and file a copy of such report in the office of the 
county clerk, and also within the time above mentioned, 
make and deliver to the county treasurer, a written state- 
ment of the whole number of children in each town 
over the age of four and under the age of twenty years, re- 
turned from districts which have maintained schools for five 
or more months during the past year, as appears from the 
reports of town clerks. 

All necessary instructions accompany the blanks annually 

furnished to county superintendents from the office of the 

state superintendent. The greatest care should be exercised 

in making the annual report required by section 464, for it 

is upon it that the annual apportionment is made. 

Section 465. The city clerk of each city, and the village 
clerk of each specially incorporated village, or the clerk of 
the board of education of each city and village under the 
jurisdiction of the county superintendent, shall, within the 
time prescribed, make and transmit to him the reports re- 
quired b}'' section four hundred and sixty-three; and in all 
cities having a superintendent of schools, and which are not 
under the jurisdiction of a county superintendent, such 
superintendent of schools shall make the annual report 
required by said section, directly to the state superin- 
tendent; and in such cities having no superintendent of 
schools, such report shall be made by the cleric of the board 
of education thereof. 

The clerks of cities (under county superintendents) and of 

villages use the same blanks as town clerks, and receive the 

reports of the district clerk or clerks. 

Section 466. The state superintendent shall, on or before 
the first day of June in each year, furnish to each clerk, su- 
perintendent, or other officer by whom a report should be 
made, blank forms upon which such officers shall make 
their annual reports; and whenever any amendments shall 
be made to the provisions of this chapter, he shall furnish a 
copy of such amendments to every school district in the 
state. 



104 



VI. DUTIES OF TOWN CLERK AND TREASURER. 

Section 467. It shall be the duty of the town clerk: 

1. To report to the county superintendent within ten days 
after his election or appointment his name and post-office 
address, and likewise the name and post-office address of 
each district clerk, within ten days after the same are filed 
in his Office. 

2. To see that the annual reports of the several district 
clerks are made correctly and in due form; to file and safely 
keep all reports whatsoever made to him; and all orders 
and notices of the town board relative to any school- 
district. 

3. To record such description of school-districts, and such 
orders concerning the organization, alteration, or dissolution 
thereof, as shall be made by the town board. 

4.- To make and keep in his office a map of the town, show- 
ing the exact boundaries of all the school- districts therein, as 
appear from the records on file; and when a new district is 
formed, to make and furnish a map thereof to the district 
clerk. 

5. To apportion the school money collected by the town, on 
the third Monday of March, and that received from the 
state on the third Monday of June of each year, or as soon 
thereafter as the same shall be collected or received by the 
town treasurer, to the several districts and parts of districts 
within the town, as provided in these statutes.* 

The duties here devolved upon the town clerks have an 
intimate connection with the welfare of the public school 
system, but need no special comment other than that in the 
election of town clerks the electors will do well to select per- 
sons, if practicable, who are not only competent to perform 
clerical duties efficiently, but who take a deep interest in the 
public school system. 

The further duties of the town clerk as to the apportion- 
ment of school money, are embraced in sections 558 and 559. 

Section 468. It shall be the duty of the town treasurer: 
1. To apply for and receive from the county treasurer all 
moneys appoitioned for the use of common schools in his 
town, and to pay the same, together with all the moneys col- 
lected in the town for the support of schools, to the treasur- 
ers of the districts entitled to receive them, upon the order 
or apportionment of the town clork. 

* See Form No. 56. 



105 

3, To pay the district treasurer on demand all school-dis- 
trict taxes raised in each district, and collected by him, and 
tlie amount of all school-district taxes returned to the county 
treasurer of his county as delinquent, whenever the same 
shall have been paid to hini by said county treasurer, or 
whenever he shall receive credit from the county treasurer 
for such delinquent tax or any part thereof, on account of 
any demand or claim due from such town to such county. 

3. On or before the second Monday of March in each year, 
to certify to the town clerk the amount of school money in 
his hands, to be apportioned by said clerk, and immediately 
upon the receipt of any money from the school fund income, 
to certify the same to the said clerk for apportionment.* 

4. On the last Monday in June in each year, to make and 
forward to the clerk of each school-district, in whole or in 
part, in his town, a certified statement of the amount of 
money paid by the town treasurer durino; the year next pre- 
ceding, to such district treasurer, specifying the date and 
amount of, and the account upon which each such payment 
was made. 

5. If the county treasurer shall neglect or refuse to pay 
over the school money, which by law should be paid to the 
town treasurer, he shall commence and prosecute an action 
on the official bond of such county treasurer for the recov- 
ery of such money. 

The town treasurer will hold, subject to the order of the 
several district treasurers of his town, all district taxes col- 
lected by him. Also, all money raised by taxes levied upon 
the town by the county board of supervisors, and all money 
raised by the town in addition thereto, and pay the same 
over to the several district treasurers, according to the ap- 
portionment made by the town clerk under the law. He 
will also receive from the county treasurer the amount ap- 
portioned by the superintendent of public instruction to his 
town, out of the income of the school-fund, and pay the 
same over to the district treasurers according to the appor- 
tionment made by the town clerk. The town treasurer will 
also receive all money paid on account of delinquent taxes, 
and pay the same over to +he proper district treasurers. N"o 
school taxes except district taxes will be returned, if the law 
is complied with. 

It is the duty of the town treasurer to notify the town 
clerk of any money which he holds subject to apportion- 
ment by said town clerk, and to inform district treasurers 

* See Form No. 27. 



106 

promptly of any funds in the town treasury belonging to 
the respective districts. 

District treasurers are not required to accept any taxes or 
school funds from the town treasurer in anything but cash. 

The certificate required to be made on or before the sec- 
ond Monday in March, in each year, must state specifically 
the several amounts received from town and county tax, 
and the amount of income unapportioned which remains in 
the town treasury; it must must also include any money ap- 
portioned the previous year, which has not been paid over 
to the district treasurers. Reference is here made to sec- 
tion 557. 

The purpose of the certified statement to the district clerk 
of the amount of money paid by the town treasurer during 
the year next preceding, to the district treasurer, is to give 
the district clerk the data upon which settlement with the 
district treasurer can be made in time for report at the an- 
nual meeting. As the annual meetings are now held on the 
first Monday in July, the statement should be furnished 
earlier. 

VII. DISTRICT TAXES. 

Section 469. All school-district taxes, unless otherwise 
specially provided by law, shall be assessed on the same 
kinds of property as taxes for town and county purposes; 
and all personal property which, on account of its location 
or the residence of its owner is taxable in the town, shall, 
if such locality or residence be in the school-district, be like- 
wise taxable for school-district purposes. 

Section 470. Whenever any real estate in any school-dis- 
trict shall not have been separately valued in the assess- 
ment roll of the town, and the valuation of such real estate 
cannot be definitely ascertained from such assessment roll, 
the town clerk shall estimate the value of the same in pro- 
portion to the valuation affixed in said assessment roll to the 
whole tract of which such lot or piece of land forms a part. 

Section 471. In case of a joint district, the town assessors 
of the towns in part embraced therein shall meet at the dis- 
trict school-house on or before the Saturday next preceding 
the time fixed for the return of the assessment rolls, and 
shall then compare the valuation of taxable property in the 
several parts of such district separated by town lines, and 
determine whether the relative valuation be just or not; if 
considered unjust, they shall then determine the relative 



107 

proportion of district taxes to be assessed upon the several 
parts. If they cannot agree upon either of said matters, 
they shall call to their aid the supervisors of the several 
towns so in part embraced: if the assessors and supervisors 
cannot determine the question, they shall call to their aid 
the chairman of an adjoining town, whose vote shall decide 
the controversy. The determination when made shall be 
certified in writing to the district clerk. If any assessor or 
supervisor shall refuse or neglect to act when called on as 
above provided, he shall forfeit twenty dollars.* 

Several sections are here brought together by the revisers 
from different parts of the former school code, which should 
be carefully examined by the officers concerned. 

As amended by Chapter 241, Laivs of 1885. 

Section -i?;?. Each district clerk shall on or before the 
third Monday of November in each year, deliver to the town 
clerk a statement in writing verified by his affidavit, showing 
the amount of taxes voted to be raised at the last annual 
meeting, or at the first meeting after the organization of the 
district, or both, as the case may require, and all taxes voted 
at any special meeting held during the then next preceding 
year, and also the amount of tax theretofore voted to be col- 
lected in such year, if any, for the annua] payment on any 
loan, and also the amount to be paid by such district, if any, 
under the provisions of section four hundred and twenty- 
one. In case of a joint district, he shall deliver to the town 
clerk of each town in which any part of the district is situ- 
ated, a statement so verified, showing the proportion of such 
taxes to be assessed in that part of the district within such 
town. If such proportion shall not have been determined 
as provided in the last preceding section, it shall be ascer- 
tained from the valuation contained in the last assessment 
rolls of the respective towns; and to that end the town clerk 
of each such town shall on or before the last Monaay in Sep- 
tember in each year, deliver to the district clerk a certified 
statement of the valuation of the real and personal proiaerty 
in that part of such district lying within his town, as the 
same appears from said assessment roll.f 

Chapter 305 of the general laws of 1881, changed this sec- 
tion so as to require each district clerk to deliver his state- 
ment to the town clerk on or before the last Monday 
of October in each year; the revision of the statutes 
changed it to the third Monday. The section as now 
amended, restores the section as originally enacted in the 

*See Form No. 29. f See Forms Nos. 30 and 31. 



108 

statutes of 1878, in that particular, and changes the provis- 
ion relating to the time when town clerks shall furnish dis- 
trict clerks of joint districts a statement of the valQation of 
property in the district, or part of district, to " on or before 
the last Monday in September." 

Section 473, The town clerk shall assess the taxes so as- 
certained, upon the property liable thereto, placing the same 
in a separate column, in the next tax roll of his town, when- 
ever so certified before he shall have delivered the roll to the 
to\vn treasurer for collection, although after the third Monday 
in November; if any such shall not be assessed in the next 
tax roll after being voted, it shall be assessed in that of the 
next succeeding year. Such taxes shall be collected or re- 
turned delinquent by the town treasurer and collected by the 
county treasurer in all respects like other taxes. 

Upon the delivery to him of such statement, the town 
clerk should give the district clerk a certificate that he has 
received the same, stating the amount of the tax, and the 
time when received, which certificate should be filed in the 
office of the district clerk. 

TOWN SCHOOL TAXES. 

Only those towns which have adopted the township system, 
now have power to vote a town school tax. This power was 
given to all towns, under section 2, of chapter 15, of the re- 
vised statutes of 1858. It was aiso embodied in section 76, 
of the revised school code of 1863. In 1876, the power was 
eliminated from section 2, of chapter 15, of the revised stat- 
utes, but section 76, of chapter 155, of 1863, was left unal- 
tered. In the statutes as newly revised, no authority is to be 
found, either in the powers conferred upon towns, or in the 
school code, under which towns can vote a school tax, ex- 
cept such towns as have adopted the township system. This 
is much to be regretted, as such a tax tends to equalize the 
burden of sustaining the schools of a town, which is espe- 
cially desirable, where wealth and population are unequally 
distributed. With the general introduction of the township 
system, the local support of schools would be a common 
town charge. Care should be taken not to include in the 
blank for report, in the financial statement of district clerks, 
the amount raised in the town as a county school tax in the 



109 

item "From tax levied at annual town meeting." That item 
is for use only where the township system of school govern- 
ment is in use. 

VIII. BORROWING MONEY. 

Section 471. Whenever upon any unusual exigency any 
school district shall, before the annual meeting, vote a spe- 
cial tax to be collected with the next levy, the district may, 
by vote, authorize the district board to borrow, for a 
period not exceeding one year, a sum not exceeding the 
amount of such tax, and by such vote set apart such tax 
wnen collected to repay such loan; and thereupon, the dis- 
trict board may borrow such money of any person, and on 
such terms, and execute and deliver to the lender such obli- 
gation therefor, and such security for the repayment, 
including a mortgage or pledge of any real or personal prop- 
erty of the district, subject to the directions contained in the 
vote of the district, as may be agreed upon, and not prohib- 
ited by law. 

It will be seen that sections 61 to 75, inclusive, of the for- 
mer school code, are omitted from the revision, and the pre- 
ceding section put in their place. The district may, at any 
time before the annual meeting, upon any unusual exigency, 
vote a special tax to be collected with the next levy (notice 
of such purpose being duly given, as provided in section 427), 
and the district may authorize the board to borrow the same 
amount for immediate use. 

Section 475. For the purpose of aiding in the erection of 
a school-house, any school-district may, by vote at an annual 
or law^'ully callecl special meeting, authorize the district 
board to borrow money. The resolution to be voted on shall 
be in writing, specifying the amount to be borrovved, the 
rate of interest, and the time and manner of payment, which 
shall be in annual installments, the last of which shallbe 
payable in not exceeding ten years from the first day of 
February next ensuing. Such resolution shall be read to the 
meeting and the vote taken thereon by ballot. The ballots 
shall be written or printed; those in favor, "for the loan;" 
those opposed, "against the loan." The resolution and the 
vote shall be recorded, and if adopted by a majority, the 
district board shall be thereupon authorized to borrow such 
sum of any person, on such terms, and execute and deliver 
to the lender such obligation therefor and such security for 
payment, including a mortgage or pledge of any real or per- 
sonal property of the district, subject to the direction con- 
tained in the resolution voted, as may be agreed upon, not 



110 

prohibited by law, and shall also levy a tax to be annually 
collected thereafter, sufficient to pay the interest annually 
on such loan, and the annual installment of the principal 
provided to be paid in each year. 

Section 476, The money borrowed under authority of 
either of the last two preceding sections shall be paid into the 
district treasury, and be expended only for the purposes for 
which it was voted or borrowed. After any such loan shall 
have been made, no power shall exist to rescind or recon- 
sider any such vote, or obstruct the collection of such tax; 
and the district treasurer shall apply every such tax when 
received by him, exclusively to the payment of such debt 
so far as necessary to discharge the amount to which such 
tkx was devoted. 

The special provisions of the^law as to borrowing money 
to aid in building a school-house, should be carefully exam- 
ined and complied with; likewise those contained in the last 
preceding section, which apply to both the sections preceding 
it. Particular care should be taken to notify the electors, as 
provided in section 427, and every opportunity should be 
given for a fair and full expression of the will of the people. 

LOANS FROM THE TRUST FUNDS. 

Section 258 of the revised statutes authorizes the commis- 
sioners of school and university lands to make loans from 
the trust funds of the state to school-districts for the purpose 
of erecting school buildings therein. Application may be 
made to the Land Cominissioners, at Madison, for informa- 
tion, blanks, etc. The rate of interest is seven per cent. 
The law governing such loans is embraced in the following 
sections: 

Section 261. Every loan to a school-district may be made 
for such time, not exceeding ten years, and of such amount, 
which, together with all the other indebtedness of the district, 
shall not exceed five per centum of the last preceding as- 
sessed valuation of the real property in such district, and 
not exceeding in any case ten thousand dollars, as may be 
agreed upon; the principal shall be payable in equal annual 
installments from a time fixed by said commissioners, with 
interest at the rate of seven per centum annually in advance. 
No such loan shall be made until proof be filed in the office 
of said commissioners of the complete performance on the 
part of such district of each and every aci hereinafter 
required to precede the same. 



Ill 

Section SG:?. Before applying for such loan, every such 
school-district shall authorize such application by a vote of 
a majority of the legal voters of said district, voting on such 
question, and shall vote in like manner to raise by tax to be 
levied and collected within two years thereafter, a sum 
equal to at least one-half of the amount of such loan to be 
applied for, to be used in addition to such loan, in erecting 
school buildings in such district; and if,at a special meeting, 
the objects of such meeting shall be clearly stated in the 
notice thereof, and such district shall not thereafter rescind 
said tax, reconsider such vote, or in anywise hinder, delay, 
or postpone the levy and collection of the tax so voted, and 
shall not expend the mone}^ so raised or loaned for any other 
purpose. Application for such loan shall be made by the 
district board of such school-district, in writing, stating the 
amount required, the assessed valuation of the taxable real 
property of such district, and the total assessed valuation of 
the taxable property of such district, as shown by the last 
assessment roll; and if such district be a joint district, such 
assessed valuations in its several parts separately, so that 
the valuations of so much thereof as lies in each town of 
which it is a part, may be readily known, and the total 
amount of all the other indebtedness of such district, and 
the facts in detail in respect to the holding of the meeting 
and passing the votes required, as aforesaid, and shall be 
accompanied b}' a correct map or plat of such district. Such 
application and map shall be recorded in the office of said 
commissioners; and such application, and the record thereof, 
and such statement shall be conclusive evidence of the facts 
therein stated. All such applications shall be acted upon by 
the said commissioners in the order of time in which they 
shall be filed. 

Section 2G.3. All the taxable property in any school-dis- 
trict which has heretofore obtained or shall hereafter obtain 
any loan from the state, shall stand charged for the pay- 
inent of the principal and interest thereof; and the bounda- 
I'ies ot such district shall not be so altered as to exclude 
therefrom any land included therein at the time of making 
such loan, until such loan shall be fully paid, without the 
consent of said commissioners and upon such terms as they 
shall prescribe; and there shall be annually levied upon the 
taxable property of such district, besides all other taxes, a 
tax sufficient to pay the annual interest, and annual install- 
ments of principal, of such loan as hereinafter provided. 
Whenever a joint school-district shall make any such loan, 
the clerk of such district shall notify, in writing, the town 
clerks of the several towns of which such district is com- 
posed, of such loan and the terms thereof; and thereafter 
the town clerk of each town shall, on or before the second 
Monday of September in each year, until such loan be paid, 
transmit to the secretary of state a statement certified by 



112 

him of the valuation of all taxable property belonging^ to 
that part of such district which lies in his town, according 
to the last assessment roll; or if the same shall have been 
equalized, as provided in section four hundred and seventy- 
one, such equalized valuation thereof. The secretary of 
state shall in every year furnish to the county clerk of each 
county in which lies any such school-district, or part of dis- 
trict, from which any such payment is to become due, the 
amount to be levied upon such district, or, if a joint district, 
upon each such part of such district as lies in any town in 
such county, at the same time as he furnishes that officer a 
statement of the state tax. In apportioning such tax to the 
parts of a joint school-district lying in separate towns, the 
secretary of state shall take, as the true valuations, the val- 
uations of the taxable property stated in the application for 
such loan, until amended by the certified statements afore- 
said of the town clerks of all the towns in which such joint 
district lies. The county clerk on receiving such statement 
shall include the amount due from such district, or part of 
district, in his apportionment of state taxes to the town; but 
it shall be carried out in a separate column, and the district 
from which it is due shall be specified. The town clerk 
shall charge and carry out such amount on his tax roll to 
the district, or part of district to which it belongs in a sep- 
arate column, and the tax shall be collected and paid over 
with and in the same manner as the state tax. 



IX. ESTABLISHMENT OF SCHOOL-HOUSE SITES. 

Section 477. Whenever a school-district shall have desig- 
nated by a majority vote of the electors thereof present at 
an annual meeting, or at a special meeting called for that 
purpose, a school-house site, or an addition thereto, and shall 
be unable to obtain the same on account of the refusal of 
the owner to sell or lease the same for a just and reasonable 
compensation, or on account of his being a non-resident, or 
unknown, the district board, when directed so to do by a 
vote of the electors of such district meeting, shall make ap- 
plication to the town board of their town to locate and es- 
tablish the site, or any addition thereto, so designated. 

Section 478. Whenever any such a-pplication shall be 
made to the town board, said board shill make and sign a 
notice in writing of such application, containing a descrip- 
tion of the land upon which it is proposed to locate such a 
site or addition, and the time and place when and where they 
will meet to decide upon the same. Such notice shall be 
served or caused to be served by the district clerk, upon all 
the occupants of such land, and all the owners thereof who 
are known and are residents of this state, at least six days' pre- 
vious to the day fixed for such meeting. Such notice shall 



113 

be served by delivering a copy thereof to each such occu- 
pant and owner, or by leaving the same at their respective 
residences, with some person of suitable age and discretion; 
and if the owner or owners of said land be unknown to said 
board, or shall reside without this state, then such notice 
may be served by publishing the same in the newspaper 
published nearest said land, once in each week for six suc- 
cessive weeks next before the said day of meeting. 

Section 479. The town board shall meet at the time and 
place fixed in said notice, and upon due proof of the service 
or publication of said notice, they shall locate and establish 
such site or addition for said district. They shall cause an 
accurate survey and description thereof to be made, and fix 
and award the compensation to be made to the respective 
owners for the same, including all damages respectively 
sustained by such owners by reason of such taking of said 
lands, and within ten days thereafter make out and sign 
duplicate certificates, containing a statement of their action, 
upon such application, an accurate description of the land 
taken, and the amount of compensation and damages 
awarded to each of said owners, one of which shall be de- 
livered to the occupant or owner of the lands so taken, if 
known, and a resident of this state., and the other, together 
with the proofs of publication or service of said notice and 
such survey, to the clerk of said district, who shall cause 
said certificate to be recorded in the office of the register of 
deeds of the proper county; provided, that said board may, 
in their discretion, before agreeing upon their award, adjourn 
from time to time, not exceeding in all ten days. 

Section 480. Tho sum of money so awarded by said board 
shall be paid to the owner of the land upon which such site 
or addition is located, or in case the owner is a non-resident 
or unknown, or refuses to accept the money, it shall be de- 
posited with the treasurer of the district, to the order of the 
owner of said land; said district shall not occupy said land 
without the consent of the owner thereof, until such money 
shall be paid, tendered, or denosited, as aforesaid. 

Section 481. Any person aggrieved by the decision of the 
town board, in ihe award of damages or otherwise, may, 
within twenty days after filing their duplicate certificate with 
the clerk of such district, appeal therefrom to the circuit court 
of any county in which such site or addition or any part 
thereof is situated, by filing with such clerk a notice of appeal, 
specifying all the grounds of his appeal, and paying to such 
clerk one dollar for state tax and one dollar for making return 
thereto. Within twenty days thereafter, such district clerk 
shall deliver 1o the clerk of said circuit court a certified copy 
of such certificate, together with such notice of appeal, with 
the date of service thereof indorsed thereon, and pay to him 
one dollar state tax; and thereupon the clerk of said court 
shall enter an action in his court record, in which the said 
8— S. C. 



IM 

appellant shall be plaintiff and the school-district defendant. 
The issues in said action shall be the legality of all the pro- 
ceedings taken by the school-district and town board in 
taking the lands of the plaintiff for such school-house site or 
addition thereto, which are set forth in the notice of appeal 
as grounds therefor, and the amount of compensation and 
damages to which he is entitled therefor. Such issues shall 
be tried without further pleadings, as other issues of fact are 
tried, and judgment thereon be rendered and enforced as in 
other personal actions in said court; provided, that when the 
legality of the proceedings is not made an issue, or is sus- 
tained, and the plaintiff" does not recover a larger sum for 
damages than was awarded to him, he shall not recover, but 
shall pay costs. 

Section 482. No school-house site shall contain more than 
one acre, unless with the consent of the owner of the land 
taken therefor. All lands so taken against the will of the 
owner, when it shall cease to be used as a school-house site 
or addition, shall revert to the original owner, his heirs, or 
assigns, and no lands shall be so taken that may not be 
taken for highway purposes, without the consent of the 
owner thereof. 

Section 483. If such application be made by a joint dis- 
trict, it shall be made to the town boards of the several towns 
in which such district is situated, and such town boards shall 
act together as one board in all proceedings as hereinbefore 
prescribed. 

Section 484. Whenever any school-district shall locate a 
site for a school-house upon any land owned by an infant, 
or in which an infant has an interest, the circuit or county 
court of the county in which the land is situated, may, upon 
application of the parent or guardian of such infant, author- 
ize such parent or guardian to execute a perpetual lease of 
such site, not exceeding one acre in quantity, and when any 
such land is held in trust for an infant, his trustee may in 
like manner apply for authority to make such perpetual 
lease. All such leases shall vest in the lessee the interest of 
such infant and of his trustee in such land, so long as the 
same is occupied for school purposes. Such authority shall 
not be granted unless it shall be made to appear satisfac- 
torily to said court that the premises are needed for school 
purposes, that the said school-district is willing to pay there- 
for a consideration deemed adequate by the court, and that 
the interest of such infant will not be prejudiced by reason 
of said lease; and before making such order the court shall 
require the person authorized to make such lease to give a 
bond to account for and pay over the consideration received 
therefor, as in cases provided by law for the sales of lands 
of minors. 

The foregoing sections embody the laws in force as to the 
establishment of school-house sites. The town board is to 



115 

be called upon, not to select or designate a site in any case, 
but to locate and establish the same, or any addition thereto, 
when tlie district cannot obtain it, on reasonable terms, or 
because the owner is a non-resident. 

The last section points out the course to be pursued when 
the site selected is on land owned by an infant, or in which 
an infant has an interest. 



X. LIBRARIES. 

Sectiox 485. The clerk of the district, or such other per- 
son as the legal voters shall appoint, shall be the librarian, 
and have the care and custody of the district library, under 
the supervision of the district board. All actions relating to 
such libraries, or for the recovery of any penalties lawfully 
established in relation thereto, shall be brought in the name 
of the proper school-district. 

Section 486. The legal voters of any two or more adjoin- 
ing school-districts may, with the approval of the town 
board, unite their libraries and library money, and may pur- 
chase a joint library or additions thereto for such districts,, 
to be selected by the district boards thereof or by such per- 
son as they shall designate, and to be under charge of 
librarians to be appointed by such district boards. Every 
such joint library and its appurtenances shall be vested in, 
and all actions relating thereto shall be brought in the names 
of all the districts owning such joint library. In case such 
district shall desire to divide any such joint library, such 
division shall be made by the directors of the districts own- 
ing the same, or by the town supervisors, if such directors 
cannot agree; and any school-district, may donate and sell 
any book or books belonging to the district library, to the 
town in which it is situated, to form a part of the town 
librarv. 

REGULATIONS. 

The following regulations for the management of school- 
district libraries, are prescribed by the state superintendent, 
under the authority of section iCG of the revised statutes: 

1. The district librarian shall have charge of the library, 
and keep a catalogue of all the books in the library under 
his care, in a book to be provided by the district for that 
purpose. 

2. Every volume in a library shall have pasted on the in- 
side of the cover a printed paper, specifying the name of the 



116 



•district; the number of the volume; the fine for not return- 
ing it within the specified time, and for the loss of or injury 
to any book. Blanks for this purposa will be furnished to 
districts upon application to the state superintendent. 

3. Every volume loaned shall be entered by the librarian 
in a book, to be provided by the district for that purpose, by 
its number, with the day on which it was loaned; the name 
of the borrower, and the name of the person to whom it is 
charged (see regulation 5); the date when returned, and con- 
dition of the book; the fine assessed for detention, or injury 
done to the book, in the following form: 



Time of 
■delivery. 


No. of 
book. 


T© whom 
delivered. 


To whom 
(Charged. 


When 
returned. 


Condition 
of book. 


Fine for 
detention 


Fine for 
injury. 


1880. 
June 10.... 


41 


Jno. Ward. 


W. Green. 


June 24. 


Good. 











4. No person shall be alio wed to have more than one 
volume at a time, or to retain the same longer than two 
weeks; nor shall any person who has incurred a fine imposed 
by these regulations, receive a book while such fine remains 
unpaid. 

5. Books may be loaned to minors and charged to their 
parents, guardians, or other persons with whom they re- 
side, who shall be responsible for the books under these 
•regulations. 

6. On the election of a librarian, his predecessor shall, 
within ten days thereafter, deliver to him all the printed and 
ananuscript books, pamphlets, papers, cases, and all other 
property belonging to the library which was in his custo dy, 
for which the librarian shall give him a full receipt, dis- 
'charging him from all responsibility therefor, except in th e 
case herein provided; and on receiving the library property ^ 
the librarian shall carefully examine all books, etc., and if 
any loss or injury shall have been sustained, for which a fine 
"has not been imposed by his predecessor, or for which a fine 
has been imposed and not certified by him to the treasurer, 
the librarian shall certify the amount thereof to the treas- 



117 

iirer, who shall collect the same of such predecessor in the* 
same manner as other fines are collected, 

7. In case of vacancy in the office of librarian, the district 
clerk shall perform the duties of librarian until the vacancy 
is filled. 

8. If any person, having held the office of librarian, shall 
neglect or refuse to deliver to his successor all the library 
property, as prescribed in the sixth regulation, the director 
shall forthwith commence an action in the name of the dis- 
trict board for the recovery of the property he shall so neg- 
lect or refuse to deliver. 

9. On the return of every book to the library, the librarian 
shall examine it carefully, to ascertain what injury, if any, 
has been sustained by it, and shall charge the amount of the 
fine accordingly; and in every case of injury not specified in 
these regulations, he shall assess the amount of damages to 
be paid, subject to revision by the district board. 

10. The following fines are established by the state super- 
intendent, viz. : 

1st. For detaining a book beyond two weeks, five cents per 
week. 

2d. For the loss of a volume, the cost of the book; and if 
one of a set, an amount sufficient to replace it, or to purchase 
a new set. 

3d. For a leaf of the text torn out or lost, or so soiled as to 
render it illegible, the cost of the book. 

4th. For any injury beyond ordinary wear, an amount 
proportionate to the injury, to be estimated by the librarian. 

oth. Whenever any book shall not be returned within six 
weeks from the time it was loaned, it shall be deemed to be 
lost, and the person so detaining it shall be charged with its 
cost in addition to the weekly fine for detaining the book, 
up to the time such charge is made. But if the book is 
finally returned, the charge for loss shall be remitted ; and 
the fine for not returning the same be levied up to the time 
of such return ; provided, that in no case shall the amount 
of weekly fines exceed double the cost of the book. 

11. On the third Monday of August, November, February, 
and May, and also immediately before he vacates his office. 



118 

the librarian shall report to the district treasurer the name 
of every person liable for fines, and the amount each such 
person is liable to pay; and the treasurer shall give the 
librarian a certificate of the same, and immediately proceed 
to collect the same, and if not paid shall so certify to the 
director, who shall forthwith bring an action in the name of 
the district board for the recovery thereof. 

12. All library fines shall be paid to the district treasurer, 
who shall keep account of the same, and shall report thereon 
to the annual district meeting, giving the name of each in- 
dividual fined, the amount of the fine, and the sum total of 
all fines, which report shall be recorded by the clerk; and 
the district treasurer shall be responsible for all fines uncol- 
lected through his neglect. 

13. On the first day of Septem.ber in each year, the librarian 
shall report to the district clerk as follows: 

1st. The number of volumes in the library; 
2d. The number of volumes purchased during the year; 
3d. The number of volumes presented during the year; 
4th. The number of volumes loaned during the year [count- 
ing each volume once for each time it is loaned] ; 
5th. Amount of fines collected ; 
6th. Amount of fines expended. 
7th. Amount of fines remaining unexpended. 

14. The library fines collected must be first applied to the 
replacing of lost volumes, binding pamphlets, and rebind- 
ing such books as may requirs it. 

15. In case of joint libraries, the reports required above 
shall be made to the officers of the district in which the 
library is located. 

TOWN LIBRARIES. 

As districts may donate or sell their books to the town, to 
form part of the town library, the provision of the statutes 
in regard to town libraries is given : 

Section 770. The qualified electors of each town shall 
have power at any annual town meeting : 

4. To vote by ballot to establish a town library for the use 
of the people thereof. In taking such vote the electors voting 
in favor thereof shall vote a separate ballot containing the 



119 

words, " for a town library." and those voting against, a sep- 
arate ballot containing the words, "■ against a town library," 
and when established, to make all by-laws, rules, and regu- 
lations for the management thereof, and raise a sum not ex- 
ceeding one hundred and fifty dollars in any one year for 
the purpose of purchasing books, furnishing a place to keep 
such library, and paying the librarian for his services, to be 
expended under the direction of the town board. 



XL JUDGMENTS AGAINST SCHOOL DISTRICTS. 

Section 487. No execution shall issue on any judgment 
against a school-district, except upon leave of the court, 
upon motion, after the failure of the remedies provided in 
these statutes. - 

Section 488. Whenever a final judgment shall be ob- 
tained against any school-district, the judgment creditor, 
his assignee or attorney may file with the town clerk a cer- 
tified transcript of such judgment, or of the docket thereof, 
together with his affidavit, showing the amount due thereon, 
and all payments, if any, and that the judgment has not 
been appealed from or removed to another court, or if so ap- 
pealed or removed, has been affirmed; and thereupon the 
town clerk shall assess the amount thereof, with interest 
trom the date of its rendition to the time when the warrant 
for the collection thereof will expire, upon the taxable prop- 
erty of such district, placing the same in a separate column 
on the next tax roll; and the same shall be collected and re- 
turned as town taxes are, and paid to the party entitled 
thereto. In case of a judgment against a joint district, a 
transcript and affidavit as aforesaid shall be filed with the 
clerk of each town in which any part of the district is situ- 
ated, and the town clerk in each town shall assess on the 
taxable property of the part of such district situated in his 
town, the same proportion of the whole amount, with inter- 
est as aforesaid, as is assessed on such part for the other 
district taxes in such year. Such proportion may be ascer- 
tained by the certificate of the district clerk, or the certifi- 
cate of the several town clerks interested to each other, 
showing the amount of other district taxes certified by the 
district clerk to each town clerk. Whenever, for any cause, 
the amount which ought to be assessed on any such district 
or part of district, as above provided.shall not be so assessed 
in the next tax roll after the filing of such transcript and 
affidavit, the town clerk shall assess the same on the next or 
any subsequent tax roll within two years thereafter. 

Section 48'.). Whenever an appeal shall be taken from 
any judgment against a district, and a transcript thereof 
and affidavit shall have been filed, as above provided, the 
director may file a certificate of such appeal with the town 



120 

clerk, and thereupon he shall suspend the assessment of such 
judgment, until the determination of such appeal. If such 
j?:dgment be thereafter affirmed, on proof thereof by certifi- 
cate of the clerk of the appellate court, the town clerk shall 
assess the same, with interest, in the next tax roll. 

The ]3roperty belonging to the district is not liable to levy 
or sale upon an execution. Under the rendition of any 
judgment against a school-district, a transcript of the same 
is to be filed with the town clerk, or, if the district be a. 
joint district, with the clerk of each town in which such dis- 
trict is in part situated. The town clerk is then required to 
assess the amount of the judgment, with interest thereon, 
in a separate column, in the next assessment roll, and the 
tax. when collected, shall be paid to the party entitled 
thereto. 

XIT. FREE HIGH SCHOOLS, 

The law relating to free high schools underwent several 
amendments, in the revision oi: the statutes, but some of 
these amendments not proving satisfactory, the law under- 
went further modifications at the sessions of 1879, 1882, 1883 
and 1885. The several sections, as now in force, are given 
below, with comments upon each: 

Sections 490, 491, 493 and 493, Revised Statutes, as amended by Chapter 
245, Laws of 1879. 

Section 490. Any town or incorporated village or city, or 
school-district which contains within its limits an incorpo- 
rated village, or which has a graded school of not less than 
two departments, with not less than twenty-five pupils pre- 
pared to begin a high school course, may establish and main- 
tain not exceeding two high schools in the manner and with 
the privileges herein provided. The question of establish- 
ing such schools may be submitted by the town, school-dis- 
trict, or village board, or common council, at any annual or 
duly called special meeting, or election, upon written resolu- 
tion therefor, proposed for adoption: provided, notice of such 
purpose, embodying such resolution, be given in the manner 
provided for notifying a special district meeting, town meet- 
ing, or charter election. The vote shall be taken by ballot, 
and canvassed according to the statutes for conducting 
elections in such municipality, those ballots in favor being 
written or printed " for high school," those opposed, " against 
high school." If the resolution be adopted, such towns, 
school districts, village, or city, shall constitute a high 



121 

school district. But no city, incorporated village or school- 
district, in which a high school heretofore established has 
been reported, recognized and aided as a free high school, 
shall be required to take any vote on the resolution provided 
for in this section, but may continue to report and receive 
aid, on due compliance with the law in other respects. 

Under this section, as amended, any district having a 
graded school of "' not less than two departments " may es- 
tablish a free high school, as well as any town, city, incorpo- 
rated village, or district containing an incorporated village; 
but the restriction is imposed that there must be not less 
than twenty-five pupils prepared to begin a high school 
course, before a high school can be established under the 
law. 

Hereafter, in each municipality proposing to establish such 

a school, a vote must be taken; but this does not apply to 

any case in which a school has already been recognized 

under the law, and received aid. Such schools will continue 

to be recognized on due compliance with the law in other 

respects. 

Section 401. Two or more adjoining towns may unite in 
establishing and maintaining any such high school. The 
resolution proposing the same shall be approved and sub- 
mitted, and the notice of election signed by at least two 
supervisors of each town, and the election shall be notified 
and conducted in each town as provided in the preceding 
section. Such resolution shall not be adopted unless a ma- 
jority of the votes cast in each town be in favor thereof. 
The votes shall be canvassed at the first election and all 
subsequent elections in the several towns, as at town meet- 
ings; and the supervisors of the several towns proposing to 
unite, shall, within one week after such elections, meet and 
canvass the votes, and certify the result to the town clerk of 
each town. If such resolution be adopted, tne several towns 
so voting to unite shall constitute a joint high school-dis- 
trict. 

In the revision of the statutes, this section, which was sec- 
tion 2 of the original law, has been amended by requiring 
that the resolution proposing the establishment of a school 
by the joint action of two or more towns, " shall be approved 
and submitted, and the notice of election signed by at least 
two supervisors of each town." Towns thus uniting in the 
establishment of a school form a joint high school-district. 



122 

The privilege is no longer granted to one or more districts 
to establish a school where the town declines to do so, but is 
confined to districts already having a graded school, or em- 
bracing an incorporated village, as provided in section 490. 

Section 492. The officers of each such district shall be a 
director, treasurer, and clerk, whose term of office shall be 
each three years, beginning with the annual town meeting, 
and until his successor shall have been chosen or appointed; 
provided, that at the first election the clerk shall be chosen 
for one year, the treasurer for two years, and the director 
for three years; and all of said officers may be chosen first 
at the same election a,t which the question of establishing a 
high school is submitted, to take their offices if the resolu- 
tion therefor be adopted. Thereafter, such officers shall be 
elected at the annual town meeting or charter election. The 
votes cast shall be canvassed, and the results declared and 
certified, as provided in the preceding sections. But in all 
cities not under a c®unty superintendent, which now consti- 
tute free high school-districts, or which shall hereafter adopt 
the resolution provided for in section four hundred and 
ninety, and become free high school-districts, the board of 
education in each such city shall be the high school board, 
and the city treasurer shall be, ex-officio, the treasurer of 
the high school-district, unless the board of education em- 
braces a treasurer; and in all district^ maintaining a graded 
school of not less than two departments, which now consti- 
tute free high school-districts, or which shall hereafter adopt 
said resolution, the district board in each such district shall 
be the high school board; and the district treasurer shall be 
the treasurer of the high school-district. 

Section 493. The officers aforesaid shall constitute the 
high school board, and. as such board and such officers, shall 
conduct the affairs of such high school-district on the same 
general plan provided for a school-district, and shall have 
and possess, with respect to such high school-district, all the 
powers, including all such as may be conferred by vote of a 
disti'ict meeting, and be charged with all the duties, con- 
ferred and imposed in these statutes on the district officers 
and district board of a school-district, applicable to such 
high school-district; the treasurer shall give a like bond, to 
be approved and filed in a similar manner. The high school- 
district clerk shall make a similar report to that provided in 
section four hundred and sixty-two, omitting the first sub- 
division. They may grade such school and establish the 
branches of study to be taught therein, under the advice of 
the State Superintendent. Every forfeiture and punishment 
enacted against neglect or violation of duty in a school-dis- 
trict officer, shall be held equally to apply to a high school- 
district officer for like neglect or violation. The reports of 
free high schools in cities not under a county superintend- 



123 

ent, shall be included in the reports from such cities to the 
State Superintendent, made by the city superintendent or 
clerk of the board of education. 

These two sections combine sections three, four, five, six, 
and nine of the former law, omit some provisions, and, as 
amended, simplify the election of officers and the constitu- 
tion of the board. The officers, if elected, are to bear the 
same names and to be elected for the same terms, as ordi- 
nary district officers. In the independent cities, the board 
of education is to be the high school board; in single districts, 
the district board is to be also the high school board. The 
duties of the several officers, and of the board are similar to 
those of district officers and boards. There are special pro- 
visions as to the treasurer. The clerk is to make a report, 
which will be sent to the proper county superintendent, as 
formerly provided in section ten of the high school law; but 
in independent cities, the report is embodied in the report of 
the city superintendent, or of the clerk of the board of edu- 
cation, if there be no superintendent. The course of study 
is established under the advice and consent of the State 
Superintendent, as farther provided in the next section; and 
in addition to the general report above mentioned, a finan- 
cial report is to be made in duplicate to the State Superin- 
tendent, as provided in section 490, Blanks for both reports 
are furnished from the office of the State Superintendent. 



Section 494, Revised Statutes, amended by chajyter 245, Laws of 1879, and 
chapter 146, General Lairs of 1881. 

Section 494. All such high schools shall be free to all 
pupils resident in the district. Ever}' principal of any high 
school hereafter elected or appointed shall be a graduate of 
some university, college or normal school, or shall hold a 
state certificate, or shall pass an examination in the studies 
required to be taught in an^^ such school; and the high 
school boards or boards of education having charge of such 
schools shall determine, with the advice and consent of the 
State Superintendent, the course of study and minimum 
standard of qualifications for admission to the same. 



124 



Chapter 325, Imvs of 1883, as amended by chapter 242, laws of 1885. 

Section 1. The state superintendent shall prepare a 
course or courses of study suitable to be pursued in free high 
schools, publish the same, and furnish them upon applica- 
tion for the information of localities contemplating the 
maintenance of free high schools. He shall exercise such 
personal supervision and make such personal inspection of 
the work of all free high schools organized under the pro- 
visions of the statutes of this state as they seem to require 
and other duties of this office may warrant; and he may call 
to his assistance in the work of inspection and supervision 
of free high schools, the professor of theory and art in the 
university, and occupy so much of his time as will not inter- 
fere with a proper discharge of his duties in connection with 
the university; he shall examine or cause to be examined, 
all teachers of high schools required by law to pass a special 
examination to qualify them for teaching in high schools, 
and grant certificates to such as pass examinations satisfac- 
torily, which certificates shall be in such form and for such 
time as he may prescribe, and shall authorize the holders to 
teach in such special place or places, or in the whole state 
as the qualifications of the candidate may warrant. The 
courses of study herein authorized to be prepared shall in- 
clude instruction in the theory and art of teaching, and or- 
ganization, management and course of study of ungraded 
schools, and all examinations of teachers shall include 
examinations upon these subjects. 

Section 2. The state superintendent shall furnish suita- 
ble blanks for annual and special reports for all free high 
schools, which shall include the number, age and sex of all 
pupils enrolled, the number in each class or year of the 
course of study, the number pursuing English branches 
only, the number completing the course of study each year, 
and such other statistics as may be deemed necessary. 

The free admission of all resident pupils is based, of 
course, on ability to pass the required examination. 

The ambiguity in the law relating to the examination of 
principals who are not graduates of the schools mentioned, 
or do not hold state certificates, and also relating to the 
supervision of free high schools, is removed by the law 
of 1883. 

These schools are now determined to be under the personal 
supervision of the state superintendent. The examination 
of teachers required to be examined is also to be made under 
the direction of the state superintendent, and certificates of 
different grades may be issued by him. By the provisions 



125 

that the courses of study shall include instruction in theory 
and art of teaching, organization, management and 
cour je of study of ungraded schools, and that examination 
of teachers shall include examination upon these subjects, 
public recognition is made of the faci that one of the legal 
functions of free high schools is to prepare for teaching in 
the common schools of the state. 

As a rule, these examinations will be conducted by county 
or city superintendents in the locality where the teacher is 
to be employed, under regulations prescribed, and the papers 
written will be transmitted to the state superintendent. The 
grade of certificate issued thereon will be determined by 
the chaacter of- the papers, the age, experience and success 
in teaching of the applicant. 

The course of study to be pursued and the standard for 
admission to the school are to be determined with the ad- 
vice and consent of the state superintendent. Three courses 
have been arranged, and published in pamphlet form, with 
the text of the law relating to free high schools, and comments 
thereon, which will be furnished on application to localities 
proposing to establish free high schools. It should be under- 
stood that any modification of the prescribed courses of 
study must have the approbation of the state superintend- 
ent. 

Section 495, The high school board shall annually, on or 
before the second Monday in September, meet and determine 
the amount necessary to be raised by tax for the support of 
such hi^h school, and certify the same to the proper town, 
city or village clerk; if a joint high school-district, they shall 
certify to the town clerk of each town the proportionate 
amount thereof to be raised by such town, such proportion 
to be determined according to the total valuation of all the 
taxable propertj^ in such town as equalized by the town boards 
of review. Such tax shall be assessed on the next tax roll 
by such clerk or other officer making the same, and collected 
and returned as other taxes, and paid to the high school-dis- 
trict treasurer. Such moneys shall be paid out only on orders 
drawn and countersigned as prescribed in case of school- 
districts. Any town which is a single high school-district, 
may, by resolution adopted at the annual town meeting, 
limit the amount to be raised for high school purposes in 
such town, during such year. In case of a joint high school- 
district, the town boards of the several towns embraced may, 



• J26 

by a joint resolution adopted by all such town boards, be- 
fore the first day of July, likewise limit the amount to be 
raised in such district. 

The certificate of the amount necessary to be raised for 
the support of the high school, is to be made in September, 
instead of July, as formerly. Towns having a high school 
may, by vote, limit the amount to be raised; and in case of 
a joint high school-district, the town boards may limit the 
amount. 

Section 496, Revised Statutes, amended hy Chapter 245, Laws of 1879, 
Chapter 273, Laws of 1883, and Chapter 430, Laws of 1885. 

Section 496. Any high school-district which shall have 
established a free high school, according to the provisions of 
these statutes, and shall have maintained the same for not 
less than three months in any school year, shall be entitled 
to receive from the general fund of the state, annually, one- 
half the amount actually expended for instruction in the 
high school of such district, during such school year, over 
and above the amount required by law to be expended for 
common school purposes, but not to exceed in one year five 
hundred dollars to one district. To obtain such aid, the high 
school board, or, in cities not under a county superintendent, 
the president and secretary of the board of education, and 
the treasurer, shall, on or before the first day of IN ovember, 
report in duplicate to the state superintendent, under their 
oaths, the amount actually expended for instruction during 
the previous school year, specifying the several items thereof, 
with the date and object of each, fully. Thereupon, the 
state superintendent shall fix the amount to be paid such 
high school-district, and certify the same to the secretary of 
state, with one of such reports annexed. On such certificate, 
at any time after the first day of December, the same shall 
be paid to the district treasurer out of the state treasury; but 
the whole amount so paid shall not exceed the sum of 
twenty-five thousand dollars in any one year; and if more 
be demanded by such districts, they shall be paid propor- 
tionally. The secretary of state shall annually include 
and apportion in the state tax all such sums as shall have 
been so paid, in addition to all other sums to be levied for 
the year. Hereafter, when by any neglect or omission, any 
free high school shall fail to have apportioned to it its share 
of state aid under this act, the state superintendent may, 
after the time hereinbefore fixed for such apportionment by 
him, fix an amount ten per cent, less than the amount which 
such free high school would have been entitled to, had it 
complied with the provisions of this act, and certify the same 
to the secretary of state, with the report of such district or 



127 

districts annexed thereto, and the secretary shall thereupon 
draw liis warrant for such amount or amounts in favor of 
such district or districts. And each successive year the 
school superintendent shall apportion among the free high 
schools of the state, only the sum of twenty-five thousand 
dollars, less such sum or sums as may have been certified by 
him to the secretary of state under the provisions of this act 
subsequent to his last regular apportionment. 

By the provisions of this section, it will be observed, that 
each free high school established and maintained in accord- 
ance with the provisions of law is entitled annually to share 
in the apportionment in aid of free high schools. An item- 
ized report of the actual cost of instruction for the previous 
school year, ending June 30th, is required, to be made in du- 
plicate on or before the first day of November. 

/ 

Chapter 352, Laics of 1835. 

AN ACT to encourage the establishment of free high schools 
in towns having no graded schools therein, and to appro- 
priate a certain amount from the general fund in aid of 
such schools. 

Section 1. Whenever any town in which no graded 
schools exist or when any two adjoining towns in which no 
graded school exists, shall vote to establish and maintain a 
free high school, as provided in sections 490 and 491, revised 
statutes, and such free high school shall have been estab- 
lished and maintained in the manner now provided by law 
for establishing and maintaining free high schools for at 
least three months, and when the iiigh school board of such 
town, or of such two towns adjoining which unite lo main- 
tain such school, shall make the report required by section 
49G, revised statutes, in order to obtain the aid furnished by 
the state of Wisconsin in maintaining free high schools, 
they shall append thereto a certificate to the effect that such 
school is established and maintained in a town or by towns 
wherein no graded school exists. 

Section 2. Upon receiving the reports and appended cer- 
tificate provided for in section 1 of this act, it shall be the 
duty of the state superintendent to make a separate and 
distinct class of the schools thus established and maintained 
in towns where no graded schools exist, and each such school 
shall be entitled to receive from the general fund of the state 
annually one half the amount actually expended for instruc- 
tion in such school, and the state superintendent shall fix the 
amount to be paid to each of said high schools and certify 
the same to the secretary of state, at the same time and in 
the same manner as he is now required to fix the amount to 
be paid to high school districts, and certify the same to the 



/ 



128 

secretary of state. On such certificate, at any time after 
the first day of December, the same shall be paid to the dis- 
trict treasurer out of the state treasury; but the whole 
amount so paid shall not exceed twenty-five thousand dollars 
in any one year to this class of free high schools, and if more 
is demanded by such districts, they shall be paid propor- 
tionally. The secretary of state shall annually include and 
apportion in the state tax all such sums as shall have been 
so paid, in addition to the amount authorized to be paid in 
aid of free high schools by section 496, revised statutes, and 
in addition to all other sums to be levied for the year. 

By this act an annual appropriation of not more than 
twenty-five thousand dollars is made to encourage the estab- 
lishment and maintenance of free high schools in towns 
where there are no other but ungraded district schools. 

This was the principal purpose of the first act proffering 
aid to free high schools. But few of these places ever took 
advantage of the assistance thus tendered, and the amount 
of the annual aid is now entirely absorbed by high schools 
established in connection with graded schools. This act 
will not increase the amount available by that class of 
schools, but the amount appropriated must be devoted 
exclusively in aid of the class of high schools mentioned. 

In organization, management, and methods of application 
to obtain aid, these schools will conform to the law hereto- 
fore existing relating to organization, management, and aid 
of free high schools. It is earnestly hoped that at least a 
hundred of these schools* will be established within a year, 
and within two years there should be not less than two hun- 
dred organized. In them, for five or six months every winter, 
the advanced pupils of the town should be gathered for bet- 
ter andmore advanced instruction than is now possible in 
the district schools, with their large number of all grades of 
pupils. 

XIII. APPEALS. 

Section 497. Any person conceiving himself aggrieved by 
any decision made by any school-district meeting,, or by any 
town board in forming or altering, or in refusing to form or 
alter, any school district, or by any other thing done by any 
officer or board under the provisions of this chapter^ niay ap- 
peal to the state superintendent. Such appeal shall be taken 



129 

and heard in the manner prescribed by him, and he shall 
make and file his decision thereon within thirty days after the 
hearing thereof is closed. The decision appealed from shall 
be operative until the same shall be reversed; and no decis- 
ion on appeal to said superintendent made by him after the 
lapse of thirty days from the time the hearing thereof is 
closed, shall be effectual. 

An effort has been made to give, under the appropriate 
section, in the toregoing pages, such an exposition of the 
statutes relating to common schools as will aid school offi- 
cers in the discharge of their duties. If, however, after ex- 
amination of these instructions, it is deemed necessary to 
apply to the department of public instruction for further 
information, it" must be borne in mind: 

1. That no decision can be rendered on any subject af- 
fecting in any manner the rights or interests of different 
parties, without giving to both sides an opportunity of being 
heard. This occurs when an appeal is regularly brought in 
the manner prescribed in the rules regulating appeals, or 
when all parties have signed and united in transmitting a 
statement of facts in regard to which they agree. 

3. That an opinion given without affording to both sides 
a hearing must be regarded as valid only so far as the state- 
ment on which it is founded represents fully and fairly 
the facts in the case. Sometimes it happens that two per- 
sons, applying for advice upon the same question, state the 
facts diffierentl}'', and of course receive dissimilar replies. 
They are thus confirmed in their difference cf opinion, in- 
stead of being reconciled. To avoid this, all parties should 
be careful to state accurately all the facts of the case, with 
all practicable certainty as to dates and number, and in such 
a manner as to indicate the object of the inquiry. 

Those addressing the office, no matter how frequently they 
may write, should state the name of the post-office to which 
they desire replies to be seni. 

If it is decided to take an appeal to the state superintend- 
ent, the following rules are to be observed: 
9-S. C. 



130 



RULES RESPECTING APPEALS. 

1. An appeal must be in writing, addressed to the state 
superintendent, and signed by the appellant, but no particu- 
lar form of statement is necessary. 

2. The appeal should be as brief as is consistent with a 
complete statement of the case. It should set forth the 
action or proceedings appealed from, and the reasons why 
such action should be set aside. If the appeal is founded 
upon the refusal of the supervisors to act, the reasons why 
the action asked for should have been taken by such super- 
visors, must be clearly shown. If the appeal relates to the 
formation or alteration of a district, a map or plat of the 
territory affected by the action appealed from should be pre- 
pared, showing the boundaries of the district or districts 
embraced therein, the location of the residences of the in- 
habitants, the highways, marshes, etc. A statement show- 
ing the assessed valuation of the district or districts, or of 
the several parts of a district divided, and the number of 
children over four and under twenty years of age residing 
in each, should accompany the map, and form a part of the 
papers in the case. When the papers are completed, they 
should be fastened together, numbered or lettered for refer- 
ence, and an affidavit attached, setting forth that the 
statements therein made are true, and that the map, list of 
children, and valuation of property are correct. The 
affidavit may be in form as follows : 

A. B., being duly sworn, deposes and says that the state- 
ments made in the above appeal, all and several, are true, 
according to the best of his knowledge and belief, and fur- 
ther that the accompanying map, list of children, and valu- 
ation of prop«^rty are correct.* 

[Signed] , 

Appellant. 

Sworn to and subscribed before me this day of , 

18—. CD. 

Justice of the Peace. 

3. A complete and correct copy of the appeal and affidavit, 
and all accompa.nying papers, should be made, to which an- 

* In other maoters than formation or alteration of districts, the latter partof the affidavit 
after ths word *' belief," may be om tted, or any needed change may be made. 



131 

other affidavit should be attached, stating that they are cor- 
rect copies of the papers in the case. 
The form of the affidavit may be as follows : 

A. B., being duly sworn, deposes and says that the above 
is a full and correct copy of an appeal, and all accompanying 
papers, designed to be sent to the state superintendent. 

[Signed] . 

Sworn to and subscribed before me this day of 

18—. C. D., 

Justice of the Peace. 

This affidavit should be made upon the copy only — not upon 
the original appeal, that is to be sent to the state superin- 
tendent. The copy should then be served upon the party 
from whose action the appeal is taken, either by handing it 
to him, or leaving it at his residence. If the appeal is from 
the action of the supervisors, the chairman of the board is 
a suitable party upon whom to serve the copy. If from the 
proceedings of a district meeting, upon the clerk or chair- 
man of the meeting. It should not be served, however, upon 
an individual who did not sustain the action appealed from 
as in that case no answer is likely to be made. 

The person serving the copy of appeal should carry with 
him the original appeal, so that the party from whose action 
the appeal is taken, may, if willing, admit service of a true 
copy, by the following form indorced upon the original ap- 
peal: 

I, E. F., do hereby admit service of the above (or within) 
appeal. 

[Signed] . . 

In case no such admission of service be made, the appel- 
lant will append to his appeal an affidavit of the following 
form: 

A. B., being duly sworn, deposes and says that upon the 
day of , 18 — , he did serve a true and verified copy 



of this appeal, and all accompanying papers, upon E. F., by 
handing the same to said E. F. (or by leaving it at his resi- 
dence, as the case may be). 

[Signed] . 

Sworn to and subscribed before me this day of — 

18—. -C. D., 

Justice of the Peace. 



132 

When several persons unite in making an appeal, the af- 
fidavits may be so changed as to admit the names of all the 
appellants, and each should sign the appeal and subscribe to 
each and every affidavit. When the action appealed from 
is the action of several persons, it is sufficient to serve a copy 
of the appeal upon any one of the number, though it should 
always be served upon one not agreeing with the appellants, 
that an answer may be made. 

When all the above directions are complied with, the orig- 
inal papers are ready to be forwarded to this office. 

4. An appeal should be taken within thirty days from the 
performance of the act appealed from, or within thirty days 
after the action complained of has come to the knowledge 
vof the appellant. 

THE ANSWER. 

1 . The appellee has fifteen days in which to prepare his 
-answer, and all the directions above given in reference to 
the preparation and service of a copy of the appeal papers, 
should be complied with in preparing and serving the an- 
swer upon the appellant, before it is forwarded to the state 
superintendent. The forms of affidavit given above will 
answer in all cases for forms to be used by the appellee, by 
changing the words so that the affidavit shall refer to an 
■" answer to an appeal," instead of to an appeal, and by sign- 
ing it as appellee instead of appellant. 

2. The answer to an appeal may be served upon any one 
of a number of appellants. When the town board of super- 
visors is a party, and papers have been served upon the 
•chairman, if he is in favor of the party appealing, one of 
the other supervisors should make answer. 

3. In case of neglect of the proper appellees to answer an 
appeal, any person having an interest in the matter may 
make answer to it, being governed in all cases by the same 
rules as would govern an appellee. 

REPLICATION OR REJOINDER. 

A replication or rejoinder will be allowed, upon proof that 
new facts have come to the knowledge of the party wishing 
the rejoinder, since the appeal or answer have been sub- 



133 

initted to the state superintendent, or that there are materiaE 
errors in the statements of the other party. 

GENERAL REMARKS. 

If the appellant or appellee presents statements of other 
parties, these statements should be verified by the affidavit 
of the person making the same. 

All decisions on appeal must be filed or recorded as the 
state superintendent shall direct. 

No decision can be rendered on ex parte statements. No 
papers will be considered that are not properly verified, and 
properly served on opposing parties. 

The propriety of leaving out of appeals all matters of a 
purely personal character, except as they may have a direct 
bearing upon the subject, is obvious. 

As appeals are usually decided upon written and not upon 
oral evidence, it is not necessary or proper for either party 
to appear in person, expecting to be heard in the case, with- 
out the presence of tAother part}''. 

Particular care should be taken to follow the directions in 
regard to affidavits, serving copy, etc., so that it may not be 
necessary to send papers back for correction. 

Not only must every paper presented in a case, by either 
party, be verified by affidavit, and a copy be served on the 
other side, but in mald^g the copy, care must be taken to- 
copy every aflSdavit aflr^ell as the statement which it veri- 
fies. If this is not doH the party upon whom such copy is 
served has no evidence that the original was sworn to. 

If the appeal is not taken or the answer or rejoinder made 
within the prescribed time, the reasons for the delay must 
be given. 

Most of the appeals made to this department grow out of 
the alteration or formation of school-districts, or the refusal 
to form or alter the same. In view of this fact, the superin- 
tendent is led to remark, not only that these controversies 
are often very injurious to the interests of education, but 
that they would be avoided, so far as they relate to the mat- 
ters mentioned above, if towns favorably situated for the 



134 

purpose would adopt the " town organization of schools/' 
the law providing for which is given on subsequent pages. 

APPEALS BY TEACHERS. 

Any person refused a certificate by the county superin- 
tendent of schools, may make appeal to the state superintend- 
ent, according to section 452, using the following form: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from 
your refusal to grant me a certificate, and I hereby ask you 
for your reasons for such refusal, that I may present the 
same to the state superintendent, with my appeal. 

Respectfully yours, . 

The refusal is ordinarily for alleged want of learning. In 
this case the appellant will usually appear before the state 
superintendent for re-examination. He should not come, 
however, without any previous notice; but after notice to 
the county superintendent, as above, and on obtaining the 
statement of reasons for refusal, he should forward the same 
to the state superintendent, notifyin J|^im of his desire for a 
re-examination, that a time may be fixed which may be con- 
venient to both parties. 

If the appellant and county superintendent mutually 
agree that the appeal shall be decided on the papers on 
which a certificate was refused, a re-examination may not 
be necessary, ^ 

If the refusal is for alleged want debility to teach, or for 
alleged immorality of character, theAapeal will be decided 
on the evidence submitted in writin^by the parties. The 
papers will be made out and verified, and copies served, as 
provided under the Rules for Appeals. 

In case a teacher's certificate is annulled, he also has a 
right of appeal. For this purpose the following form may 
be used: 

To A. B., County Superintendent of Schools for County: 

Sir: You are hereby notified that I intend to appeal from 
your action in annulling my certificate, and I hereby ask for 
your reasons for such action, that I may present the same 
to the state superintendent with my appeal. 

Respectfully yours, . 



135 

The directions given above, in regard to an appeal from a 
refusal to grant a certificate, are to be followed, as far as 
applicable, in an appeal from the action of a superintendent 
in annulling a certificate. 



XIV. PENALTIES AND MISCELLANEOUS LAWS. 

Section 498. Every district clerk who shall willfully 
neglect to make the annual report for his district, as re- 
quired by law, shall be liable to pay the whole amount of 
money lost by such district in consequence of his neglect, 
which shall be recoverea in an action in the name of and 
for use of the district. 

Section 41)9. Every town clerk who shall neglect or re- 
fuse to make and deliver to the county superintendent his 
annual report as required in this chapter, within the time 
limited therefor, shall be liable on his official bond to pay 
the town the amount which such town or any school-district 
therein shall lose by such neglect or refusal with interest 
thereon; and every county superintendent who shall neglect 
or refuse to make the report required of him by this chap- 
ter, to the state superjj^ndent, shall be liable to pay to each 
town the amount which such town or any school-district 
therein shall lose by such neglect or refusal with interest 
thereon, to be recovered in either case in an action prose- 
cuted by the town treasurer in the name of the town. All 
money collected or received by any town treasurer, under 
the provisions of this section, shall be apportioned and dis- 
tributed to the school-districts entitled thereto, in the same 
manner that the mon^ lost by any such neglect or refusal 
would have been appMioned and distributed. 

Section 500. Even^axable inhabitant receiving the no- 
tice mentioned in s^Bons four hundred and thirteen and 
four hundred and fifteen, and every chairman of the first 
district meeting in any district, who shall willfully neglect or 
refuse to perform the duties enjoined upon him by this chap- 
ter, shall respectively forfeit the sum of five dollars. Every 
person duly elected to the office of director, treasurer, or 
clerk of any school-district, who shall neglect or refuse, 
without sufficient cause, to accept such office and serve 
therein, or who, having entered upon the duties of his office, 
shall neglect or refuse to perform any duty" required of him 
by the provisions of this chapter, shall forfeit the sum of ten 
dollars; and every school-district officer who shall neglect 
or refuse to deliver to his successor in office all records, 
bboks, and papers appertaining to such office, shall forfeit 
not exceeding fifty dollars. 



136 

Section 501. ISTeither the state superintendent, his assist- 
ant, or any person in his office, nor any county superintend- 
ent, nor school-district officer, nor any officer or teacher 
connected with any public school, shall act as agent or so- 
licitor for the sale of any school books, maps, charts, school 
library books, school furniture, apparatus, or stationery, or 
furnish any assistance to, or receive any reward therefrom 
from any author, publisher, bookseller, or dealer doing the 
same. Every person violating this section shall forfeit not 
less than fifty nor more than two hundred dollars for each 
offense, and be liable to removal from office therefor. 

Section 502. Every district clerk who shall draw an or- 
der upon the treasurer for any purpose not authorized by 
law, and every director who shall countersign such order, 
shall forfeit for each such order not less than twenty nor 
more than one hundred dollars. 



As amended by Chapter 251, Laivs of 1883. 

Section 503. Every member of a district board in any 
school district in this state, every member of a board of edu- 
cation in any city of this state in which a list of text books 
has been adopted according to law, who shall with in three 
years from the date of such adoption order a change of text 
books in such district or city, shall forfeit the sum of fifty 
dollars ($50). jj^ 

Section 504. In case the town bo^ra, or any other officer,, 
shall neglect or refuse to carry into effect any decision of the 
state superintendent made upon an appeal from their or his 
action or refusal to act, each supervisor or other officer thus 
refusing or neglecting shall forfeit the sum of fifty dollars; 
and every town clerk Avho shall so neglect or refuse 
shall also be liable to removal by the town board, upon 
proper notice thereof. 

Section 505. All actions for the i«povery of any forfeit- 
ure incurred under the provisions o¥this chapter, shall be 
prosecuted by the director of the s(^p^l-district interested, 
except when such director has incurred a forfeiture, in 
which case such action shall be prosecuted by the treasurer 
of such district, and in case either shall refuse or neglect to 
prosecute, he shall forfeit twenty dollars. All forfeitures re- 
covered shall be first applied to the necessary expenses of 
such prosecutions, and one-half of the remainder shall be 
paid into the district treasury for the use of the district, and 
the other half to the county treasurer, for the benefit of the 
school fund. 

Section 50G. Whenever any person or officer designated 
in this chapter to prosecute an action for a forfeiture, or for 
a neglect of duty, shall fail to prosecute such action for the 
space of ten days, after being requested in writing by a 
vote of the proper district, so to do, any voter may prose- 



137 

cute such action for the recovery of such forfeiture, or for 
any neglect of duty, in the manner herein prescribed. 

Section 507. Any school-district officer may be removed 
from office by the county judge, for willful neglect of any 
duty, upon the written application of the majority of the 
legal voters of his district, or of any person aggrieved by 
such neglect, containing a full statement of all the charges 
preferred against him. A copy thereof, with a notice of the 
time and place when and where a hearing upon the same 
will be had, shall be served upon such officer at least ten 
days before such hearing. Such officer shall have full op- 
portunity to be heard in his defense; and the judge, upon 
satisfactory proof of such neglect of duty, may by order re- 
move such officer from his office, and in case ot removal 
shall forthwith file such order in the office of the town clerk, 
and cause a copy thereof to be served upon each of the other 
officers of the district. The person so removed from office 
shall not be appointed to fill the vacancy occasioned by such 
removal; and for all services performed by the county judge 
under the provisions of this section, he shall receive three 
dollars for each day actually employed, to be paid by the 
countv. 



JOURNAL OF EDUCATION, DICTIONARIES, ETC. a 

Section 508. Each school-district clerk, and each town 
clerk or secretary of a town board of directors, may subscribe 
annually for one copy of the Wisconsin Journal of Educa- 
tion, to be paid for by the district or town respectively, out 
of the school money. 

The subscription price of the Journal of Education is $1.00 
a year, if paid in advance. 

Section 509. The state superintendent is hereby author- 
ized to furnish to any school-district, or to any school, or dis- 
tinct department thereof, in any city or village, one copy of 
Webster s unabridged dictionary, on receipt of an affidavit 
of the district clerk, or the school superintendent of such 
village or city, that such school or department has not yet 
been supplied; or. that the dictionary furnished to said 
school has been lost or is unfit for use, and on j)ayment in 
advance of the cost price to said superintendent for any so 
to be replaced . [And he may, in his discretion, distribute 
to the school-districts, so that no one shall have more than 
six copies, the printed edition of the constitution of the Uni- 
ted States, and of this State, heretofore prepared and re- 
maining in his custody.] 

The constitutions have all been distributed, and are no 
longer furnished by the state. 



188 

Section 510. All such dictionaries and constitutions, here- 
tofore or hereafter received by the several disr.ricts, shall 
belong to the district library, but during the time a school is 
taught they shall be and remain in the school rooms, during 
the hours of school, for the exclusive use of the scholars and 
teachers and under the control of the teachers or principals, 
v^ho shall be responsible to the districts for their loss, or for 
any unnecessary damage they may receive. 

Section 511. The state superintendent shall pay to the 
state treasurer, all money received on account of dictionaries 
sold as aforesaid, and render an account of all dictionaries 
sold, in his annual report to the legislature. 

MAP OF WISCONSIN. 
[Chapter 56, Laws of 1879.] 

The superintendent of public instruction is hereby author- 
ized and empowered to contract for and purchase seven 
hundred copies of the-, map of Wisconsin, published by Pro- 
fessors Nicodemus aiid ConoVer, at a price not exceeding 
four dollars per copy, l * * /* * Said maps, when so pur- 
chased, shall be deposited in the office of the superintendent 
of public instruction, ^nd shall be sold and delivered, one 
copy each, to any school district, teacher, high school, town 
or county officer in thislstate, desiring to purchase the same 
for any public use, or fg^r use in any of the schools in this 
state, at a price not ex.t^eding the cost per copy at which 
the same shall be purohaised by said superintendent. 

This map is finely executed, shows the new counties, and 
is needed in every school-room. The proper form of appli- 
cation (No. 47), wjll be found in the latter part of this book ; 
or printed forms will be sent, on request. This section has 
been amended by the following: 

Chapter 90, Laws of 1883. 

Section 1, The state superintendent is hereby authorized 
and empowered to sell the Nicodemus and Conover map of 
the state of Wisconsin, one copy each, to any school district, 
teacher, high school, town or county officer or member of 
the legislature in this state desiring to purchase the same 
for any public use, or for use in any of the schools in this 
state, at a price not less than two dollars per copy; and all 
moneys received by said superintendent for said maps so 
sold shall be paid into the state treasury to the credit of the 
general fund. The maps offered for sale by this act shall 
prior to such sale and delivery be revised and corrected in 
accordance with the latest changes made in the boundary 
lines of counties and existing at the time of such delivery. 



139 

and the secretary of state is hereby authorized to employ 
a competent draughtsman to make the corrections required. 

The price of these maps has hitherto been $4.00, the amount 
paid the authors by the state. The price hereafter will be 
$2.00. Only a limited number can be furnished, less than 
two hundred copies remain on hand for sale. Orders will be 
received a,nd filled in the order of filing, as soon as the au- 
thorized corrections are made through the office of the sec- 
retary of state. 

Section 512. Every person of lawful school age, main- 
tained at the pablic charge, siiall, for school purposes, be 
deemed a resident of the district in which he lives: for every 
person so maintained by the county, the county board shall 
for each year allow to the district in which such person may 
attend school, an amount for each person so attending, equal 
to the amount expended in that year for each pupil in such 
district for school purposes; and in case such person be 
maintained by any town, such town board shall allow a like 
amount to such district. Such account shall be reckoned by 
the district officers without reference to the number of pau- 
per children attending such school. 

Section 513. Every woman of twenty-one years of age, 
and upwards, may be elected or appointed as director, treas- 
urer, or clerk of a school-district; director or secretary of a 
town board, under the township system; member of a board 
of education in cities; or county superintendent. 

TEXT-BOOKS IN CITIES, ETC. 

As amended by Chajyter 25i, Laws of 188Z. 

Section 514. Th3 several boards of education having the 
government in cities of the public schools shall determine 
what school and text books shall be used in the several 
branches of study pursued in the schools and shall make a 
list of such books, file a copy with their clerk or secretary, 
and keep a copy publicly posted in each school building. 
When any such text books shall have been adopted they 
shall not be changed for the term of three years. Any 
board of education in any city where the district system is 
not in force may, under the limitations of this act, order 
changes in text-lDooks, provided, that said changes shall be 
approved by the common council or board of alderrrien of 
such city, and the aforesaid boards of education are hereby 
authorized to purchase text-books for use in the public 
schools and to loan or furnish them to pupils under such 
conditions or regulations as they may prescribe. But no 
text-books shall be permitted in any free public schools 
which would have a tendency to inculcate sectarian ideas. 



140 



POWERS OP SCHOOL BOARDS IN CITIES. 

• 

Section 515. Every such board or other body aforesaid 
shall have all the powers, and be charged with all the duties 
imposed by these statutes on school-district boards, so far as 
the same are not provided for or limited by the special pro- 
visions of the act of incorporation, or other act under which 
such board or body is constituted. Every ciby or village not 
having a system of school government specially provided 
by law therefor, shall be governed by the provisions of this 
chapter. 

XV. TOWNSHIP SYSTEM OF SCHOOL GOVERN- 
MENT. 

Section 516. Every town which is now or may hereafter 
be organized in this state is hereby declared and constituted 
one school-district for all the purposes in this chapter here- 
inafter prescribed, and the several school-districts and parts 
of joint districts, which are now or may hereafter be estab- 
lished in the several organized towns, shall be styled and 
known as subdistricfcs, whenever such town shall have voted 
therefor, as provided in section five hundred and fifty-two. 
Section 5x7. New subdistricts may be formed, and the 
boundaries of any subdistrict maybe altered, by the town 
board of directors at any regular meeting of said board; but 
the formation and alteration of any joint subdistrict shall 
be by concurrent action of the board of directors of all the 
towns embraced in part in such subdistricts. 

Section 518. The clerks of the several subdistricts in any 
organized town, together with the clerks of the joint sub- 
districts, the school-houses of which are situated in such 
town, shall constitute the town board of school directors. 

Section 519. The said board shall be a body corporate, 
and shall possess the usual powers of a corporation for- 
public purposes, by the name and style of " the board of 

school directors of the town of " (the name of the 

town to which the board belongp), and in that name shall 
sue and be sued, and be capable of contracting and being 
contracted with, and of holding real and personal estate, 
and of selling the same, as authorized by the provisions of 
this act; and the clerks of the various school-districts, 
together with the clerks of the joint school-districts, the 
school-houses of which are situated in any town adopting 
the township system, shall constitute the first board of 
directors of such town; they shall meet and organize within 
two weeks after the election at which such township system 
shall be adopted; and they shall hold their offices until the 
next annual meeting of the subdistricts of such town. 

Section 530. The board of directors in each town are 
hereby invested, in their corporate capacity with the title^ 



141 

oare and custody of all school-houses, school-house sites, 

^ furniture, apparatus, and other property of all kinds belong- 
ing- to the subdistricts therein, with full power to control the 
same in such manner as will best subserve the interests of 
the schools in such town. 

Section 521. The said board shall meet annually upon 
the first Monday in October in each year, at or as near as 
may be the place where the last annual election was held. 
'Phe second regular meeting of the board shall be held on the 

>? ihitd^M-onday in March in each year. The hour of meeting 

V shall be ten o'clock in the forenoon. 
i Sectiox 522. Special meetings may be called by the pres- 

Sv) ident and secretary, upon the application of one-third of the 
members of the board. Such meetings shall be called by 
notifying each member of the board personally, or by leav-^ 

. ing a written notice at his place of residence or business, 
* stating the time, place and objects of the meeting, at least 

V'-five days before the time appointed therefor. 

As amended by Chapter 63, Laws of 1883, 

Sectiox 52;5. The members of the board, a majority of 
whom shall constitute a quorum, assembled at the first and 
^ each succeeding annual meeting, shall elect from their num- 
' .'^ ber a president and a vice-president; also a secretary who 
' y may or may not be one of their number, but who shall be a 
L\ re':ideut of the town to which the board belongs, Such'sec- 
f\ retary shall receive a compensation for services rendered at 
' ■ not less than two nor more than three dollars per day, and 
he shall present a statement of his services rendered at the 
annual meeting of the board. Vacancies in either of the 
offices herein provided for may be filled at any special meet- 
ing of the board, the notice for which shall state the object 
of the meeting to be to fill the vacansy existing, and per- 
sons elected to fill any vacancy shall hold the office for the 
remainder of the unexpired term. 

Section 524. The board of each town shall have power, 
to purchase or hire [sites], houses and rooms for the use oi 
schools, and to fence and improve the same, as they may 
deem pi^oper, and upon such sites to build, enlarge, alter, im- 
5>$ prove and repair school-houses, out-houses, or any other 
liuilding for school purposes, as they may deem advisable; 
and also, whenever in the opinion of the i3oard any school- 
house or school-house site is no longer needed for school 
purposes, the same may be sold and conveyed in the cor- 
porate name of the board, such conveyance to be executed 
by the president and secretary of the board. 

Section 525. Said board shall, at the regular meeting in 
^[arch, estimate and determine the amount of money which 
will be necessary for the support of schools, and for the 
building and repairing of school-houses, in the town for the 
year ensuing. 



H 



>C 



\ 



142 

Section 536. Said board shall establish and maintain 
such and so many schools in the several subdistricts under 
their charge as they may deem requisite and expedient; 
provided, that there shall be at least one common school in 
each subdistrict, and that all such schools shall be kept each 
year not less than five months. The board shall have, in all 
respects the supervision and management of all the schools, 
with full power to adopt, enforce, modify, and repeal, from 
time to time, all rules and regulations not inconsistent with 
the laws of this state, necessary for their organization, 
gradation, and control, and for the instruction given by 
them in the different branches of education taught therein, 
and to establish and enforce proper penalties for the viola- 
tion of such rules. 

Section 527. All powers conferred upon district boards 
by the provisions of this chapter, excepting those the exer- 
cise of which would conflict with the provisions of law rela- 
tive to the township system, are hereby conferred upon the 
town boards of directors herein provided for. 

Section 528. The president, vice-president, and secretary 
of the town board of directors shall constitute an executive 
committee, who shall carry out, put in force, and execute all 
orders of the board; and for this purpose, ail power and au- 
thority vested in such board shall be deemed vested in the 
executive committee; and any duty devolved upon the said 
board shall devolve upon the executive committee; but all 
the acts of the executive committee shall be subject to 
review by the board at any regular meeting thereof. 

Section 529. The executive committee shall employ so 
many qualified teachers as they shall deem necessary to 
giveinstruction in all the schools under the charge of the 
board. Each contract shall be in writing, shall be signed by 
the teacher and by the president and secretary, and shall 
specify the wages per week, month, or year, agreed upon 
by the parties. 

Section 530. The secretary shall record all the proceedr 
ings of the board; he shall keep an accurate and specific 
account of all expenses incurred by the board including a 
list of all orders drawn by him, with the date, amount, per- 
son in whose favor, and object for which each order was 
issued; he shall properly file all papers deposited with him 
in accordance with law. and shall keep and preserve all 
books, papers, and records belonging to his office, and deliver 
the sanie to his successor. 

Section 531. He shall make and keep in his office an 
accurate map of his town, showing the boundaries of all 
subdistricts and joint subdistricts, the location of all school- 
houses and highways therein. When a new subdistrict is 
formed by the board of directors, or one is altered, he shall, 
within tea days thereafter, certify to the clerk of each sub- 
district affected by such formation or alteration, a copy in 
writing of the record of the action of the board in the matter. 



143 

Section 532. He shall have the immediate charge and 
supervision of all the schools in the town, and shall, under 
the direction of the board, organize and grade them, and 
assist the several teachers thereof in classifying and arang- 
ing them. He shall visit each school in his town at least 
twice during each term thereof: shall examine into its con- 
dition and progress, consult with and advise the teachers in 
regard to the methods of instruction and government, and 
shall report to the board from time to time such improve- 
ments as his experience shall dictate are calculated to ben- 
efit the school. 

Section 533. He shall draw orders on the town treasurer 
for money in the hands of such treasurer, which have been 
apportioned to the town, and for money collected or received 
by him from other sources for school purposes, for the pay- 
ment of teachers' wages, the purchase of school-house sites, 
the building, buying, hiring, repairing, and furnishing of 
school-houses, and for all other lawful purposes, and each 
order shall designate the object for which and the fund upon 
which it was drawn, and shall be countersigned by the 
president. 

Section 534. It shall be the duty of the secretary, at least 
five days before the annual town meeting or election, each 
year to make to the board of supervisors of the town a 
written statement, showing the receipts of money for school 
purposes from all sources, and the disbursements of the 
same, during the year ending on the third Monday of 
March, in which statement shall be given under separate 
heads: 

1. The amount in the treasury at the beginning of the 
year. 

2. Amount received from the state fund. 

3. Amount collected by town treasurer. 

4. Amoimt received from all other sources. 

5. The manner in which such sums have been expended, 
specifying the amount paid under each head of expenditure. 

G. Amount remaining in the treasury. 

7. Amount of indebtedness of the township district, and 
when and how payable. 

The secretary shall accompany the above statement with 
estimates of the board of the amount necessary for the sup- 
port of schools during the ensuing year, specifying the sums 
needed, under the following heads: 

1. Amount for teachers' wages. 

2. Amount for school-house sites, and for building, hiring, 
or purchasing school-houses. 

3. Amount for fuel. 

4. Amount for incidental expenses, including repairs, 
maps, globes, charts, and for all needful school room appur- 
tenances. 

5. An amount not to exceed one hundred dollars to pur- 
chase library books. 



f- 



144 



--<•; 



Section 535, It shall be the duty of the town board of, 
each town in the state to present the statements and esti- 
mates above mentioned to the electors of the town at the 
annual town meeting or election, and the items of said esti- 
mates shall be passed upon separately by a vote of the elec- 
tors present; but upon motion they may be increased or 
diminished; and if, for any reason, money for the support 
of schools shall not be voted at the annual town meeting, 
or a sufficient amount shall not then be voted, the supervis- 
ors shall present the estimates before meationed to the elec- 
tors, at the general election in the fall, for a vote thereon. 

Section 536. The secretary shall furnish school registers 
in the form prescribed by the state superintendent, in which 
every teacher in the town shall be required to enter the 
names, ages and studies of all the scholars attending school, 
and daily, their attendance and absence, which register shall 
be deposited with the clerk of the subdistrict at the end of 
each term of school. 

As amended by Chapter 73, Laws cf 1882. 

Section 537. It shall be the duty of the secretary, on or be- 
fore the fifteenth day of August in each year, to make and 
transmit to the county superintendent a report in writing, 
bearing date on the fifteenth day of August, in the year of 
its transmission, stating: 

1. The whole number of subdistricts, and parts of subdis- 
tricts, separately set off within the town. 

2. The length of time a school shall have been taught in 
each of said subdistricts or parts of districts. 

3. The number of children taught in each, and the number 
of children over the age of four, and under the age of 
twenty years residing in each. 

4. The whole amount of money received in the town for 
school purposes, since the date of the last preceding report, 
setting forth separately the amount received from the state , 
through the county treasurer, the amount levied by the 
county board, and the amount raised by the to wn at its an- 
nual town meeting or general election. 

5. The manner in which said money has been expended, 
and whether any or what part remains unexpended, with 
such other information as the state superintendent may 
from time to time require. 

Section 538. The town clerk shall assess all sums voted at 
the annual meeting, or at the general election, for the sup- 
port of schools, upon the real and personal property of the 
town, as found in the assessment roll for the year in which 
sa^d money is voted, and the sums so assessed shall in all 
respects be collected or returned delinquent like other taxes, 
and when collected, the money shall be held by the treas- 
urer, and by him paid out on the order of the president and 
secretary of said board. 



145 

Section 530. If for any reason the electors of a town 
shall fail to vole an amount of money sufficient to maintain 
a school in each subdistrict for the term of five months, dur- 
ing- the year ensuing, the secretary shall, on or before the 
-lourth Monday of November of the year in which the elec- 
tors shall fail to vote as aforesaid, certify to the town clerk 
the amount estimated by the board of directors, necessary 
for teachers' wages, fuel, repair of school-houses, and inci- 
dental expenses, and the town clerk shall assess the aggre- 
gate sum thus certified, upon all the taxable property of the 
town, in the assessment roll for that year, and tlie town 
treasurer shall collect the same as other taxes. 

The certificate of the secretary to the town clerk should be 
made on or before the third Monday in November. See 
section 473. 

Sectiox 540. The town treasurer of each town shall ap- 
ply for and receive from the treasurer of his county all 
money apportioned for common schools in his town and pay 
out the same, together with all money collected or received 
by him for school purposes, upon the order of the president 
and secretary of the town board of directors. 

Section 541. The annual meeting of each subdistrict shall 
be held on the last Monday in September in each year. The 
time of such meeting shall be seven o'clock in the after- 
noon. 

Section 542. The inhabitants qualified by law to vote at 
a subdistrict meeting when assembled in annual meeting, 
shall have power, and it shall be their duty: 

1. To appoint a chairman for the time being. 

2. To appoint a secretary if the district clerk shall be ab- 
sent. 

3. To choose a clerk. 

4. To recommend to the town board of directors the num- 
ber of months they desire to have school maintained in their 
subdistrict the ensuing year, and whether they desire a 
male or female teacher; the improvements and repairs 
which ought to be made on the school-house, outhouse, and 
grounds; what maps and charts or other aids in teaching 
should be furnished, and generally any thing, matter, or 
plan, which in their judgment, will advance the cause of 
education and benefit the school of their subdistrict. 

Section 543. The clerk shall record the proceedings of 
all district meetings; shall certify to the town board of 
directors any recommendations adopted by the electors of 
his subdistrict, in accordance with the provisions of the 
preceding section, and shall have charge of the school-house, 
and of all property therein or belonging or attached thereto, 
subject to the order or direction of the board of directors. 

Section 544. He shall be a member of the board of direc- 
10— S. C. 



^ 



n> 



146 



tors, shall attend all meetings of the board, and shall carry- 
out all lawful orders of the same having reference to the 
school-house of his district, or the school maintained therein. w,^^ 

Section 545, He shall give at least six days' notice of i 
every annual meeting of the electors of his subdistrict, by ' 
posting notices therefor in four or more public places in the 
subdistrict, one of which notices shall be affixed to the 
outer door of the school-house; and he shall act as secretary 
of all meetings when presehf. 

Section 546, When a new subdistrict is formed, or a 
vacancy occurs in the office of the subdistrict clerk, the 
executive committee of the board of directors shall appoint 
a clerk, who shall hold his office until the annual meeting of 
the subdistrict succeeding such appointment. 

Section 547, When a subdistrict is composed of parts of 
two or more towns, the board of directors of the town in 
which the school-house is situated, shall have the entire con- 
trol of said subdistrict, and shall maintain school therein as 
in other subdistricts; and the clerk of such joint subdistrict 
shall be a member of the board of directors of said town. At 
the annual meeting in October, the board of directors shall 
calculate and determine the cost of maintaining the schools 
in said joint subdistrict, for the year ending at the close of 
the term preceding the meeting of the board, and the secre- 
tary shall certify such amount to the secretary of the board 
of each town, embraced in part in such joint subdistrict, 
together with the assessed valuation of said subdistrict, and 
each part thereof, as found in the assessment roll of the said 
town for that year; on the receipt of such certificate, the 
secretary of the board of directors of each of said towns 
shall draw an order on the treasurer of his town, in favor of 
the town in which the school-house of said joint subdistrict 
is situated, for such a proportion of the whole cost of main- 
taining said school as aforesaid, as the assessed value of the 
property of his town, embraced in said joint subdistrict, is to 
the whole valuation thereof; unless the prox-)ortion of such 
school-district taxes to be assessed in each such town shall 
have been ascertained, as provided in section four hundred 
and seventy-one, in which case he shall draw his order for 
such proportion; and said order shall be paid out of any 
money in the hands of said treasurer, collected or received 
by him for the support of schools in his town. 

Section 548, In case either of the towns embraced in 
part in said joint subdistrict shall not have adopted the 
township system of school government, the certificate be- 
fore mentioned shall be made to the clerk of said subdistrict, 
and it shall be his duty to incorporate the proportional sum 
mentioned in the preceding section, in the returns of district 
taxes made by him to the town clerk of the town not having 
adopted such system, on the fourth [third] Monday of 
November succeeding the receipt of said certificate; and the 
said sum shall be assessed and collected with the other taxes 



U7 

of that part of the joint subdistrict, and shall be paid over 
by the town treasurer collecting the same, to the treasurer 
of the town in which the school-house of said joint subdis- 
trict is situated. 

Section 54!). When the school-house of a joint subdis- 
trict is situated in a town "which has not adopted the town- 
ship system of school government, the taxes for the sup- 
port of schools shall be raised, assessed, and collected as 
provided in this chapter; but if any portion of said joint 
subdistrict shall be embraced in a township which has 
adopted the town system, then the proportion of any dis- 
trict tax, which should be assessed upon the property of 
such part of said subdistrict, shall be certified by the town 
clerk of the town in which the school-house of said subdis- 
trict is situated, to the secretary of the town board of direc- 
tors of the town comprising the part of the said joint sub- 
district before -mentioned; and said secretary shall draw an 
order upon the town treasurer of his town in favor of the 
treasurer of the joint subdistrict for the amount of tax thus 
certified; and the said town treasurer shall pay the same 
out of any money held or received by him for school pur- 
poses. 

Section 550. Prior to the erection of any school-house by 
the board of directors, they shall estimate and determine 
the valuation of all the school-houses and sites in their town, 
and, when so determined, the secretary shall place upon 
record a tabular statement, containing the number of each 
subdistrict, the value of its school-house and site, and the 
valuation of its taxable property as appears from the last 
assessment roll of the town ; and thereafter, for a period of 
ten years from the date of the meeting at which such de- 
termination of values was had, when a tax shall be voted 
to build a school-house or purchase a site, such tax shall be 
so distributed and assessed upon the several subdistricts, 
that those having the least amount invested in school-houses 
and sites in proportion to the assessed valuation of their 
property, as appears from the record made at the time of 
the determination of values aforesaid, shall pay most toward 
said tax in proportion to the valuation of the property at 
the time the tax is assessed, in order that the sums paid by 
the different subdistricts in the town for the purchase of 
sites and the erection of school-houses shall be equalized; 
but if the board of directors of any town shall decide that 
taxes for the purchase of sites and the erection of school- 
houses shall be assessed equally upon property, then the 
aforesaid provision in reference to equalizing such taxes 
shall not be operative in such town. 

Section 551. Whenever the territory of a school-district 
of an incorporated village shall extend beyond the limits of 
such village, the whole of such territory shall remain in 
such district, and form a part thereof until detached by 
authority of law; and such district and every village con- 



148 

taining a graded school of three or more departments shall 
be exempt from the provisions of this chapter relating to 
the township system, except as hereinafter provided. 

Section 552, The legal voters of any town in the state 
may at any annual town meeting, or at any general election, 
vote upon the question of township school government. 
Such voting shall be by ballot, and the ballots used shall 
have written or printed thereon the words, "township school 
government, yes;" or the words, "township school govern- 
ment, no." A separate box shall be provided for the recep- 
tion of said ballots, and the votes cast shall be counted, can- 
vassed, and a record thereof made, as in case of other 
votes cast at such election; and if it shall appear that a 
majority of the ballots cast have ww-tfeis thereon the words, 
"township school government, yes," then the provisions of 
this chapter, providing for the township system, shall immedi- 
ately become operative in such town; otherwise they shall 
have no force or effect therein. No vote shall be taken on 
the question of township school government in pursuance of 
this chapter unless notice thereof shall be given as herein- 
after provided. The town clerk of any town, upon the peti- 
tion in writing of any ten electors of said town, shall publish, 
by posting in three of the most public places in said town, a 
notice in writing that the question of township school govern- 
ment will be submitted to the electors of said town at the 
ensuing annual town meeting or general election. Such 
notice shall be so published and posted at least ten days before 
the holding of any such town meeting or election; and any 
town having adopted the township school government ac- 
cording to the provisions of this chapter, may abolish the 
same at any town meeting or general election, in the same 
manner as provided for its adoption in this section; but when 
the system of township school government shall be adopted, 
it shall continue in force two years from the date of its 
adoption, before the question of abolishing it shall be acted 
upon. Whenever the electors of any incorporated village, 
having a graded school with three or more departments, 
shall desire to adopt the township system of schools, they 
may vote upon the question at any charter or general elec- 
tion held in such village; such vote shall be by ballot of the 
form above described, and upon like notice, and if a majority 
of the votes cast upon that subject shall be in favor of the 
adoption of said system, then such village shall become a 
part of the township system of the town in which the same 
is situated. 

Section 553. Whenever any school-district in any town, 
adopting the township pystem, shall be indebted at the time 
of such adoption upon a loan from the state, or otherwise, 
such district shall remain liable for the payment of such in- 
debtedness, and no alteration of the boundaries of such dis- 
trict as a subdistrict in such town shall ever be made until 
such debt is fully paid, except as is provided in section two 



140 

hundred and sixty-three. The clerk of such suhdistrict shall 
annuall}^ certify to the town clerk the sum necessary to be 
raised as taxes in such suhdistrict for the payment of such 
indebtedness, with interest thereon in the same manner and 
with like effect, as the clerk of such district was required by 
law to certify the same, and the town clerk shall extend the 
amount of such taxes upon the tax roll, upon the taxable 
property of such suhdistrict, in like manner as if the same 
had been certified by the clerk of such district; and the same 
shall be collected by the town treasurer and be applied by 
him exclusively to the payment of such debt. 

Chapter 204, Lcm-s of 1885. 

Section 1. Whenever any town in this state shall have 
attempted to adopt the township system of school govern- 
ment, under and pursuant to section 552 of the revised stat- 
utes of 1878, the validity of any and all taxes for school 
purposes heretofore or hereafter levied and assessed in any 
such town, shall not be questioned in any action or proceed- 
ing heretofore or hereafter commenced, so far as the regu- 
larity of the proceedings of any such town, in the adoption 
of such township system of school government is concerned, 
unless the plaintiff shall show that he would be required to 
pav more than his equitable proportion of taxes; and any 
and all school taxes heretofore levied in any such towns 
which have been voted at the annual town meeting, are 
hereby declared to be legal and valid, even though the pro- 
visions of section 535, of the revised statutes of 1878, shall 
not have been in all respects complied with. 

Chapter 854, Laics of 1885. 

Section 1. The board of school directors of any town in 
which the township system of schools exists may borrow 
money from the trust fund of the state for the purpose of 
buiklfng school house or school houses, and the commis- 
sioner of the public lands are hereby authorized to loan 
mone}' from the trust funds of the state to the board of 
school directors of any town in which the township system 
of schools exists upon their compliance with the following 
rules and regulations: 

1st. If at an unnual meeting of the electors of such tov/n 
a resolution shall be voted on by ballot and adopted, author- 
izing the said town board of school directors to make appli- 
cation to the commissioners of the public lands therefor, 
stating the amount to be borrowed, and the time of pay- 
ment. 

2d. Such authorization may be given such town board of 
school directors by a special meeting of such electors called 
in the same mai^per as special town meetings are provided 
to be called by the revised statutes. 



130 

Section 3. After such authorization shall be given, the 
whole matter of such loan, both as to amounts and time of 
payment, as well as all other matters pertaining to same, 
shall be governed and controlled by the general law govern- 
ing loans from the trust funds of the state to school districts, 
found in sections 261, .<!62 and 363 of the revised statutes, 
except that the application shall be made and signed by the 
president, vice president and secretary of such board, and 
the notes given as evidence of such debt shall be signed by 
the same three officers. The town treasurer shall receive 
and receipt for the moneys received on such loan, and pay it 
out as other moneys belonging to such township district for 
the purposes as provided for in section one of this act. 

Not many towns have as yet made trial of the system 
provided for in the preceding sections. There is a natural 
hesitation in changing from the methods of school manage- 
ment with which people are familiar, to others that are new 
to them. It will be seen that section 553 provides that any 
town which adopts the system and is not satisfied with it, 
can return to the old one, but not till after a trial of two 
years. With a little patience, however, and a willingness to 
consider the general good rather than local advantage, the 
town organization will be found much better than the plan 
of single, independent districts. 

The advantages of the system may be briefly restated, at 
this time, under the following heads: 

1. It would promote economy and simplicity. A town 
with ten districts, not an unusual number, requires the ser- 
vices of thirty school officers, besides those of the town 
clerk, the town treasurer, and the town board, in the admin- 
istration of school affairs. A board of five directors, with 
the town treasurer, would do all the business more intelli- 
gently, more efficiently, and at much less expense. 

2. It would aid in securing peace and quiet. As shown by 
numerous appeals taken to the state superintendent, and by 
the correspondence of the office, there are constant disputes 
about district boundaries, the lawfulness of the action of 
district meetings or district boards, to the great detriment 
of the schools. Under the consolidated system, this trouble 
would mostly disappear. Each voter would have, as now, a 
voice in the election of the school officers, and in the deter- 



151 

mination of the school policy. Each tax-payer would pay 
his school taxes for the general good, and be allowed to send 
to the most convenient and appropriate school. 

3. School taxes would be uniform and equitable. Public 
schools are for the public good, and should be supported at 
the public charge. A state school tax, suiDplementing the 
income of the school fund, would leave the local taxation 
lighter, and the burden of sustaining the schools would be 
still further equalized. 

4. The schools would also be much more uniform, and of 
better average quality. At present, we find an excellent 
school, perhaps, in one district, and in the next a poor one; 
chiefly, sometimes, because the people are poor. But the 
state cannot afford to tolerate poor schools. 

5. Graded schools are generally out of the question, under 
the present system. Under a town system, they could .be 
much more readily introduced, as increase of population 
and the advancement of pupils might render it desirable. 
A considerable number of towns could at once establish a 
central school of higher grade, open to all pupils of sufficient 
advancement. This would, in effect, grade the other schools. 
Some advantages, beyond those of elementary instruction, 
would thus be attainable, more especially in towns embrac- 
ing villages. 

G. A course of study could be much more readily intro- 
duced, and made uniform, if desired, for the county. 

7. Text-books and apparatus could be uniformly and ade- 
quately supplied, and at reasonable rates. 

8. Teachers would be employed for their fitness, and 
longer retained, and would do far better work. A superior 
teacher would naturally be secured for the central school of 
highest grade, if established, \vho would diffuse correct 
methods of teaching through all the schools. 

0. Supervision, now almost a nullity, would be exercised 
by such head teacher, or by the secretary of the town board; 
and the general care of the schools on the part of the county 
superintendent, would be properly supplemented. 

10. School-houses would be better, and better located, the 



152 

law providing, as it does now, for the equalization of cost, 
for a series of years. 

11. Town libraries would naturally and readily connect 
themselves with a town system of schools, greatly to the 
public benefit. 

ly. Statistics would be uniform, reliable, and o£ some 
value. 

No human system is perfect. The school system here 
advocated', opens possibilities, nevertheless, which cannot be 
realized under the present one, except in rare cases. It 
would certainly render it practicable to make the bulk of 
the country schools much better than they now are. The 
town system, as distinguished from the single district sys- 
tem, is in fact the original school system of our country. 
This subject is discussed in the report of the state superin- 
tendent for 1879. The system should, therefore, be enacted 
into law, without much longer delay. The present permis- 
sive law was intended as an experiment. Though well 
devised, in the main, it retains too much of the present sys- 
tem, and should be carefully recast. The general law 
requiring all school districts to maintain school at least five 
months annually, has been amended so as to require six 
months, instead of five. Although not specifically mention- 
ing districts under the township system, a fair construction 
of the amended law will include these also in the require- 
ment. 



XVI. OF THE DISTRIBUTION OF THE SCHOOL 
FUND INCOME. 

Chapter 2Q, Revised Statutes, as amended hy Chapter 134, Laws of 1885. 

Section 554. The school fund income which shall have 
been received up to and including the first day of June, shall 
be apportioned by the state superintendent between the 
tenth and fifteenth days of June, in each year. Such appor- 
tionment shall be made among the several counties, and the 
several towns, specially incorporated villages, and cities in 
each county, according to the number of .children in each 
over the the age of four and under the age of twenty years, 
as shown by the reports made to the state superintendent 
during the year preceding; but no apportionment shall be 



/unless xne^town 
or village boaru or common councn or such city so failing 
shall have transferred, as they are hereby authorized to do, 
from the general fund to the school fund of the town, village, 
or city for such purpose, the amount of deficit in such 
school tax, and tho town, village, or city clerk shall have 
filed with the state superintendent his certificate showing 
such transfer to the school fund, and his apportionment 
thereof to the proper school-districts, or transfer to the board 
of education, before the tenth day of June; and no 
apportionment shall be made to any city, village, or town for 
any school-district therein, for any year during wlijch such 
district shall not have maintained a common school, taught 
by a qualified 'teacher, for six months, unless the state super- 
intendent shall be satisfied that school was so taught for 
three months, rnd the failure to maintain it for the full six 
months was occasioned by some extraordinary cause, and 
not arising: from neglect or intent to avoid the legal obliga- 
tion; nor to any town, village, or city, nor for any school- 
district, reports of which as required by law shall not have 
been made and transmitted during the preceding year 
to the state superintendent: nor to any city for any year, 
the report for which shall not show that the number of 
children between the ages aforesaid residing therein, has 
been ascertained by an actual census taken under the direc- 
tion of the board of education, or other body having the 
government of common schools therein, by their clerk or 
persons of their appointment for that purpose. Whenever 
a certified statement of the county clerk of any county, 
made to the state superintendent, shall not show that the 
amount required by law to be raised for school purposes has 
been directed to be raised during the year by the county 
board, the amount of the school fund income otherwise 
apportionable to such county shall be withheld and added to 
the capital of the school fund. 

Chapter 287, Laics of 1885. 

AN ACT to ■ provide for a more efficient common school 

income. 

Section 1. There shall be levied and collected annually, 
a state tax of one mill for each dollar of the assessed valua- 
tion of the taxable property of the state, which amount, 
when so levied and collected, is appropriated to the common 
school fund income, and shall be disbursed in the same man- 
ner and under the same conditions and restrictions required 
by law for the disbursement of the common school fund in- 
come. 



s ourec .vm jjiod\ 

derived from the income of the scliool fund. The first ap- 
portionment under this act will be made in June, 1886, of 
the money derived from the tax levied in 1885, The amount 
received from this source must be considered by county 
boards of supervisors in determining the amount to be raised 
by each town, city and village, as a county school tax, and 
the tax thus levied must be equal to the amount received 
from the school fund income and this state tax together; as 
this amount derived from the tax is to be disbursed in the 
same manner and under the same conditions and restrictions 
now prescribed by law for the disbursement of the school 
fund income. 

Under section 1074, of the revised statutes, the county 
board is required to levy a tax upon each town for the sup- 
port of common schools therein the ensuing year, which 
shall not be less than the amount apportioned to such town 
in the last apportionment of the income of the scht)ol fund. 
In case of new towns where no apportionment was made to 
such new town by the county board, then the tax levied by 
the town should be proportionate to that levied upon the 
other towns. 

If by any mistake or oversight an amount less than that 
last apportioned is levied upon any town, the town board is 
authorized, under the foregoing section, to transfer the de- 
ficiency from the general fund to the school fund of the 
town, and the town clerk will certify to the state superin- 
tendent that the transfer has been made, and that the 
money has been properly apportioned. The town is then 
entitled to receive its share of the income of the school fund. 
But under section ]075, th« deficiency in the tax is to be 
added to the school tax levied the ensuing year. 

Formerly the legislature, by special acts, authorized the 
apporbionmant of school money to districts which had been 
prevented from maintaining five months' school, in conse- 
quence of the burning of the school-house, the prevalence 
of an epidemic disease, or any similar extraordinary cause. 



^if 



155 



there had been as much as three months' school, and the 
general law is to be interoreted in the same spirit. 

Section'55o. The state superintendent shall certify the ap- 
portionment made as aforesaid to the secretary of state, and 
shall immediately give notice thereof to each county clerk 
and county treasurer, stating the amount apportioned to his 
county, and to each town, village and city therein. Upon 
receiving such apportionment, the secretary of state shall 
draw his warrant upon the state treasurer, payable to the 
proper county treasurer, for the total amount apportioned 
each county. 

Section 550. Whenever any officer shall omit to make, 
within the time fixed, any statement or report required to be 
made to the state superintendent, he shall notify such offi- 
cer by mail or otherwise, of such omission, but the failure 
of the state superintendent so to do shall in no manner affect 
the consequences of such omissior. If, at any time within 
two years after an apportionment, in which any town, vil- 
lage, city or school-district was excluded upon any ground 
mentioned in section five hundred and fifty-four, satisfac- 
tory evidence shall be filed with the state superintendent that 
such exclusion was due to some mistake or omission of some 
officer, and that such town, village, city or school-district was 
legally entitled to have shared in such apportionment, the 
state superintendent shall certify such facts, and the 
amount justly apportionable thereto to the secretary of state, 
and notify the county clerk and treasurer of the proper 
county thereof. The secretary of state shall draw his war- 
rant therefor, and the money shall be paid from the school 
fund income for the use of such town, village, city or school- 
district, as if originally apportioned. 

Section 557. Each county treasurer shall apply for and re- 
ceive the school money due his county as soon as apportioned, 
and shall immediately give notice in writing of the amount 
apportioned to each town, village, and city in his county to the 
treasurer and clerk thereof, respectively, and shall pay the 
same to each such treasurer on dem.and, who shall pay 
the same to the proper school treasurer, as provided by law. 
If any such town, village, or city treasurer shall not de- 
mand SLich money before the next receipt of school money 
apportioned to such county, the county treasurer shall add 
such sum remaining in his hands to 'he money so next re- 
ceived, and distribute the same therewith and in the same 
proportion among the several towns, villages, and cities en- 
titled thereto in such county. 

Section 55«. The town clerk shall apportion all school 
money received from the state, and also all raised by the 
town, among the several districts and parts of districts 
within the town, in proportion to the number of children 
between the ages of four and twenty years, resi(^ing in each, 



156 

taking such number 'from ihe last annual reports of their 
respective clerks. But if after the date of such reports any 
district shall have been altered or a new one formed, so as 
to render an apportionment founded on such annual reports 
unjust between any districts, the town clerk shall ascertain 
the number of such children by the best evidence within 
his reach. No money shall be apportioned to any district 
or part of a district unless the last annual report thereof, 
verified by the affidavit of the district clerk, shall show that 
all school money received from the state during the year 
ending with the date of such report, has been applied to the 
payment of the wages of a legally qualified teacher, and 
that a school has been taught in such district by such a 
teacher for at least five months during the year ending with 
the date of such report; but any time which such report 
shall show was spent by such teacher in attendance on an 
institute in the county, and given by the district board with- 
out deduction from, such teacher's wages therefor, shall be 
included as part of su.ch five months. 

Section 5§^ All money apportioned by the town clerk to 
any district or part of a district, which shall have remained 
in the hands ^ the town treasurer for one year after such 
apportionment, by reason of such district or part of district 
neglecting or refusing to receive the same, shall be added to 
the money next thereafter to be apportioned by such town 
clerk to the several districts and parts of districts in such 
town, and apportioned therewith. 

Section 560. Vn reckoning school months, twenty days, as 
specified in section four hundred and fifty-nine, shall consti- 
tute a month, and* one hundred days five months. 

It is to be carefully noted that all moneys apportioned by 
the town clerk, must be apportioned according to the num- 
ber of persons over four and under twenty years of age 
residing in the several districts and parts of districts of his 
town, in which school has been maintained the required 
number of months during the past year. Money must not 
be apportioned to any district that does not furnish the evi- 
dence required by section 558: 

1. That a school has been taught therein. 

2. That the teacher thereof was duly qualified. 

o. That the school was maintained the required number of 
months during the year, and, 

4. That an amount equal to that received from the income 
of the school fund, has been applied to the payment of 
teachers' wages. 

By chapter 124, laws of 1885, sections 430, 437, and 554 of 



157 

the revised statutes were so amended that each district is 
required now to maintain six months school each year. 
While this section was not amended specifically in terms, 
yet, the fair interpretation of the laws taken together, will 
require town clerks to withhold apportionment of county 
school tax to districts which do not maintain six months' 
school during the year. This section merely prescribes that 
no apportionment of this fund shall be made to districts 
which do not maintain at least five months' school during 
the year. 

Xo new district is entitled to any public money until it 
shall have had five months' school; but, if an alteration of 
a district be made, and a new district be formed as the result 
of such alteration, between the time of making the annual 
report and the time for making the next apportionment, the 
money drawn on account of the pupils thus set off from a 
district, after being reported as pupils of that district, must 
be paid to the district in which such pupils are found. 

Public money of any kind remaining in the hands of the 
town treasurer for one year after having been apportioned 
by the town clerk, must be added to the amount to be ap- 
portioned for the next year. 

XVII. OF THE UNIVERSITY. 
{Chapter 25, Revised Statutes.] 

Section 377. _ There is established in this state, at the city 
of Madison, an institution of learning by the name and style 
of '• The University of Wisconsin." 

Section 378. The government of the university shall vest 
in a board of regents, to consist of eleven members, one from 
each congressional district of the state, and two from the 
state at large, to be appointed by the governor; and the state 
superintendent shall, during his term of office, be a member 
of said board. The term of office of said regents shall be 
three years from the first Monday in February in the year 
in which appointed, unless sooner removed by the governor; 
but appointments to fill vacancies, before the expiration of 
a term, shall be for the residue of the term only. 

Section '470. The board of regents and their successors in 
office, shall constitute a body corporate, by the name of 
" the regents of the university of Wisconsin," and shall pos- 
sess all the powers necessary or convenient to accomplish 



168 

the objects and perform the duties prescribed by law, and 
shall have the custody of the books, records, buildings, and 
all other property of said university. The board shall elect 
a president and a secretary, who shall perform such duties 
as may be prescribed by the by-laws of the board. The 
secretary shall keep a faithful record of all the transactions 
of the board, and of the executive committee thereof. The 
state treasurer shall be the treasurer of the board, and per- 
form all the duties of such office, subject to such regulations 
as the board may adopt, not inconsistent with his official 
duties, and he and his sureties shall be liable, on his official 
bond as state treasurer, for the faithful discharge of such 
duties. 

Section 380. The time for the election of the president 
and secretary of said board, and the duration of their respec- 
tive terras of office, and the times for holding the regular 
annual meeting, and such other meetings as may be re- 
quired, and the manner of notifying the same, shall be 
determined by the by-laws of the board. A majority of the 
board shall constitute a quorum for the transaction of busi- 
ness, but a less number may adjourn from time to time. 

Section 381. The board of regents shall enact laws for 
the government of the university in all its branches; elect a 
president and the requisite number of professors, instruc- 
tors, officers and employes, and fix the salaries and the term 
of office of each, and determine the moral and educational 
qualifications of applicants for admission to the various 
courses of instruction; but no instruction, either sectarian 
in religion or partizan in politics, shall ever be allowed in any 
department of the university; and no sectarian or partisan 
test shall ever be allowed or exercised in the appointment of 
regents, or in the election of professors, teachers, or other 
officers of the university, or in the admission of students 
thereto, or for any purpose whatever. The board of regents 
shall have power to remove the president or any professor, 
instructor, or officer of the university, when, in their judg- 
ment, the interests of the university require it. The board 
may prescribe rules and regulations for the management of 
the libraries, cabinet, museum, laboratories, and all other 
property of the university, and of its several departments, and 
for the care and preservation thereof, with penalties and 
forfeitures, bv way of damages, for their violation; which 
may be sued for and collected in the name of the board, 
before any court having jurisdiction of such action. 

Section 382. The board of regents are authorized to ex- 
pend such portion of the income of the university fund as 
they may deem expedient for the erection of suitable build- 
ings, and the purchase of apparatus, a library, cabinets and 
additions thereto; and, if they deem it expedient, may 
^receive, in connection with the university, any college in 
this state, upon application of its board of trustees; and 



159 

such college, so received, shall become a branch of the uni- 
versity, and be subject to the visitation of the regents. 

Section 383. At the close of each fiscal year, the regents, 
through their president, shall make a report in detail to the 
governor, exhibiting the progress, condition, and wants of 
each of the colleges embraced in the university, the course 
of study in each, the number of professors and students, 
the amount of receipts and disbursements, together with the 
nature, costs, and results of all important investigations 
and experiments, and such other information as they may 
deem important, one copy of which shall be transmitted 
free, by the secretary of state, to all colleges endowed under 
the provisions of the act of congress, entitled, "An act 
donating land to the several states and territories which 
provide colleges for the benefit of agriculture and the me- 
chanic arts," approved July 2, 1862; and also, one copy to 
the secretary -of the interior, as provided in said act. 

Section 384. The president of the university shall be 
president of the several faculties, and the executive head of 
the instructional force in all its departments; as such he 
shall have authority, subject to the board of regents, to give 
general direction to the instruction and scientific investiga- 
tions of the several colleges, and so long as the interests of 
the institution require it, he shall be charged with the duties 
of one of the professorships. The immediate government 
of the severaFcolieges shall be intrusted to their respective 
faculties, but the regents shall have the power to regulate 
the courses of instruction, and prescribe the books or works 
to be used in the several courses, and also to confer such 
degrees and grant such diplomas as are usual in universities, 
or as they shall deem appropriate, and to confer upon the 
faculty, by by-laws, the power to suspend or expel students 
for misconduct or other cause prescribed in such by-laws. 

Section 385. The object of the university of Wisconsin 
shall be to provide the means of acquiring a thorough knowl- 
edge of the various branches of learning connected with 
scientific, industrial, and professional pursuits, and to this 
end it shall consist of the following colleges or departments, 
to wit: 

1. The college or department of arts. 

2. The college or department of letters. 

3. Such professional or other colleges or departments as 
now are, or may, from time to time, be added thereto or 
connected therewith. 

Section 380. The college or department of arts shall em- 
brace courses of instruction in mathematical, physical, and 
natural sciences, with their application to the industrial arts, 
such as agriculture, mechanics, engineering, mining, and 
metallurgy, manufactures, architecture, and commerce; in 
such branches included in the college of letters, as shall be 
necessary to proper fitness of the pupils in the scientific and 
practical courses for their chosen pursuits, and in military 



160 

tactics; and as soon as the income of the university will 
allow, in sugh order as the wants of the public shall seem to 
require, the said courses in the sciences and their application 
to the practical arts shall be expanded into distinct colleges 
of the university, each with its own faculty and appropriate 
title. The college of letters shall be co-existent with the col- 
lege of arts, and shall embrace a liberal course of instruction 
in language, literature and philosophy, together with such 
courses, or parts of courses in the college of arts as the 
regents of the university shall prescribe. 

Section 387. The university shall be open to female as 
well as to male students, under such regulations and restric- 
tions as the board of regents may deem proper; and all able 
bodied male students of the university, in whatever college, 
may receive instruction and discipline in military tactics, the 
requisite arms for which shall be furnished by the state. 
After any person has graduated at the state university, and, 
after such graduation, has successfully taught a public school 
in this state for sixteen school months, the superintendent of 
public instruction shall have authority to countersign the 
diploma of such teacher after such examination as to moral 
character, learning, and ability to teach, as to the said super- 
intendent may seem proper and reasonable. Any person 
holding a diploma granted by the board of regents of the 
state university, certifying that the person holding the same 
is a graduate of the state university, shall, after his diploma 
has been countersigned by the state superintendent of public 
instruction as aforesaid, be deemed qualified to teach any of 
the public schools of this state, and such diploma shall be a 
certificate of such qualification until annulled by the state 
superintendent of public instruction. 

Section 388. No student who shall have been a resident 
of the state for one year next preceding his admission, shall 
be required to pay any fees for tuition in the university, 
except in the law department and for extra studies. The 
regents may prescribe rates of tuition for any pupil in the 
law department, or who shall not have been a resident as 
aforesaid, and for teaching extra studies. 

Section 389. For the support and endowment of the uni- 
versity, there is annually and perpetually appropriated: 

1. The university fund income and all other sums of 
money appropriated by any law to the university fund in- 
come. 

2. The agricultural college fund income. 

3. All such contributions as may be derived from public 
or private bounty. 

The entire income of all said funds shall be placed at the 
disposal of the board of regents by transfer to the treasurer 
of said board, thenceforth to be distinct and independent of 
the accounts of the state, and for the support of the afore- 
said colleges or departments of arts, of letters, and such 
other colleges and departments as shall be established in the 



161 

university or connected therewith; but all means derived 
from other public or private bounty shall be exclusively de- 
voted to the specific objects for which they shall have been 
designated by the grantor. 

As amended by Chapter 300, Laivs of 188B. 

Section 300. There shall be levied and collected annually 
a state tax of one-eight (i) of one (1) mill for each dollar of 
the assessed valuation of the taxable property of the state, 
which amount when so levied and collected, is appropriated 
to tlie University fund income, to be used annually as a part- 
thereof; such increase from one-tenth (1-10) to one-eight (i) 
of a mill on the dollar of the assessed valuation of the taxa- 
ble property of the state, shall be used for the purpose of 
establishing, under the direction of the board of regents of 
the University, a chair of pharmacy and materia medica,. 
and the establishment of an agricultural experiment station :, 
and in case a surplus accrue from the increase for the 
purpose aforementioned, the board of regents shall have 
power to dispose of the same, in the manner as of other 
incomes from this source, and the whole appropriation shall 
be deemed a full compensation for all deficiences in said in- 
cora.e, arising from the disposition of the lands donated to 
the state by congress, in trust, for the benefit of said in- 
come. • 

Section 391. The sum of three thousand dollars shall be 
set apart annually, forever, from the receipts of the tax 
mentioned in the preceding section, so soon as a complete 
and well-equipped astronomical observatory shall be given 
to the university on its own grounds, without cost to the 
state, to be expended by the regents in astronomical work 
and instruction: provided, such observatory be completed 
by the fourth of July, A. D. 1879, 

Section 392. The regents shall each receive the actual 
amount of his expenses in traveling to and from, and in 
attendance upon all meetings of the board, or incurred in 
the performance of any duty in pursuance of any direction 
of the board; accounts for such expenses, duly authentica- 
ted, shall be audited by the board, and be paid on their order 
by the treasurer, out of the university fund income. JSTo 
regent shall receive any pay, mileage, or per diem, except as 
above prescribed. 



XVIir. OF NORMAL SCHOOLS AND OF ACADE- 
MIES. 
[Chapter 26, Revised Statutes.] 

Section 393. For the government of normal schools es- 
tablished, and which may hereafter be established, and for 

11— S. C. 



162 

the performance of the duties prescribed to them, there is 
constituted a board of eleven regents, called " the board of 
regents of normal schools/"' composed of the governor and 
state superintendent, as ex-officio regents, and of nine ap- 
pointed regents. The term of office of regents appointed, 
commencing with the first Monday of February in the year 
in which appointed, shall be three years, and until the ap- 
pointment and qualification of their respective successors; 
and they are now and shall continue divided into three classes, 
so that the term of office of three regents shall expire each 
year; and not more than two such members of the board 
shall reside in any one congressional district. The governor 
shall fill all vacancies by appointment, by and with the ap- 
proval of the senate, if the legislature be in session, and if 
not, then subject to the approval of the senate at the next 
succeeding session; but in case of a vacancy before the ex- 
piration of a term, the appointment shall be for the residue 
of the term only. 

Section 394. The board of regents and their successors 
in office are constituted a body corporate, by the name afore- 
said; and may purchase, have, hold, control, possess and en- 
joy, in trust for the state, for educational purposes solely, 
any lands, tenements, hereditaments, goods and chattels of 
any nature, which may be necessary and required for the 
purposes, objects and uses of the state normal schools, au- 
thorized by law, and none other, with full power to sell or 
dispose of such personal property, or any part thereof, when, 
in their judgment, it shall be for the interest of the state; 
and shall possess all other powers necessary or convenient 
to accomplish the objects and perform the duties prescribed 
by law. The board of regents shall not sell, mortgage or 
dispose of, in any way, any real estate, nor borrow money, 
without the express authority of the legislature; nor shall 
they contract indebtedness, nor incur liabilities, to exceed, 
■Sit any time, in the aggregate, the amount of money which, 
under the provisions of law, shall then be at their disposal, 
in the hands of the state treasurer; nor shall said board ever 
reduce the amount so at their disposal below the aggregate 
amount of their indebtedness or liability, except in payment 
of such indebtedness or liability. The proceeds of the sale 
of any real or personal estate shall be paid by them into the 
treasury, and shall become a part of the income of the nor- 
mal school fund. The entire income of the normal school 
fund shall be placed at the disposal of the board of regents 
of the normal schools by transfer to the treasurer of said 
board, and shall be distinct and independent from the ac- 
counts of the state, and be applied for the support of normal 
schools, as provided by law. 

Section 395. The officers of the board shall be a president, 
vice-president, and secretary; they shall severally hold their 
offices for the term of one year, and until their successors 
are elected, and shall perform the duties incident to their 



163 

several offices, and such as are prescribed by the board. The 
state treasurer shall be ex officio the treasurer of the board, 
but the board may appoint suitable persons to receive and 
pay to the treasurer any tuition fees, or other moneys that 
may be due from any student or other person. 

Section ;39G. The said board shall hold an annual meeting 
at the capitol, on the second Wednesday in July in each 
year, or at such time as they may designate. Special meet- 
ings may be called by the governor, or by the president of 
the board, on a petition, signed for that purpose by any three 
regents. A majority of the regents shall constitute a quo- 
rum for the transaction of business; but a less number may 
adjourn from time to time. 

Section 397. Any regent may be removed from office for 
cause, upon reasonable notice, by a vote of two-thirds of all 
the regents. No regent or officer, trustee or person, ap- 
pointed or employed in any position or capacity, connected 
with normal schools or normal institutes, shall at any time 
act as agent of any author or publisher of, or dealer in 
school books, maps, or charts, or school library books, or 
school furniture or apparatus, or become interested, directly 
or indirectly in the publication, manufacture, or sale of any 
such, as agent or otherwise; and for a violation hereof, any 
regent shall be expelled from the board by a majority vote 
of the regents. 

Section 398. No member of the board of normal regents 
shall receive any pay for traveling to ®r attendance at any 
meeting of the board; but for any specific service rendered 
under the direction of the board, other than attending the 
meetings thereof, such compensation may be allowed any 
member, as the board shall deem just and reasonable; and 
such compensation and all moneys actually and necessarily 
expended by any member in traveling, attending meetings, 
or performing any other duty or service, directed to be per- 
formed, shall be paid out of the normal school fund income 
in the state treasury, on accounts presented to and adjusted 
by the board, and certificate signed by the secretary and 
president thereof. 

Section 399. In addition to those heretofore established, 
the said board of regents may establish other state normal 
schools, at such places as they may designate, upon sites 
selected by them; and when, in their opinion, the educational 
interests of the state require it, they may proceed to erect 
suitable buildings upon the sites so selected, and they may 
enlarge, alter, or repair any normal school buildings. When- 
ever any such site shall be donated, then as soon as the title 
thereto shall be vested in them in fee in trust as aforesaid, 
and when money is donated, then as soon as such money is 
paid into the state treasury, subject to be paid out only on 
the warrant of the secretary of state, as provided in the next 
section, or secured to be paid by the deposit with the state 
treasurer, of United States or W^isconsin state bonds, in 



amount equal in value to the sums of money so donated, 
said board may procure suitable plans and specifications for 
such buildings, alterations, or repairs thereof, and employ 
persons to superintend the construction of the same; and 
they may advertise for proposals to erect, repair, or enlarge 
any normal school building, reserving the right to reject any 
and all proposals made in pursuance of such advertisements; 
and the expense of such advertising and procuring plans 
and specifications shall be paid from the normal school fund 
income. 

Section 400. The said board shall demand and receive 
the sums of money donated and subscribed by any persons, 
or any town, incorporated village, city, or county, to aid in 
the erection of the necessary buildings for normal schools, 
in such manner as said board may prescribe, and apply the 
same in the erection and completion of said buildings, the 
purchase of the necessary books, apparatus, furniture, and 
fixtures, and for various other incidental expenses, to be in- 
curred by said board, in pursuance of the provisions of these 
statutes; and if any surplus shall remain, apply the same to 
the expenses of conducting said normal schools; and any 
deficit which may arise in the erection and completion of 
waid building, and purchases aforesaid, shall be paid out of 
the normal school fund income. 

The next section was amended by chapter 98, of the laws 
of 1879, to read as follows: 

Section 401. All payments for the erection, repairs, or 
enlargement of any normal school building, or for fixtures 
and furniture therefor, and all disbursements from the nor- 
mal school fund income, including the expenses of the 
boards of visitors of normal schools, appointed by the su- 
perintendent of public instruction, and the expenses of in- 
stitutes hereinafter in this chapter authorized and provided 
for, shall be made by the treasurer of said board of regents, 
on the warrant of the secretary of said board, countersigned 
by the president thereof, drawn in accordance with the 
directions of the said board of regents, in payment of ac- 
counts duly audited and adjusted in accordance with the 
rules and regulations of said board of regents; and in case 
of a donation, no such warrant shall be issued, until the 
sums donated and subscribed shall have been paid in full 
into the state treasury, nor, in any case, until the work shall 
be done, or services rendered, or buildings erected, or fix- 
tures or furniture purchased, under the direction of the said 
board, entitling the applicant to such warrant, according to 
a contract or agreement with said board for that p urpose. 

So much of sections 406 and 409, on the two pages follow- 
ing this, and of all other acts or parts of acts as were incon- 



165 

sistent with the provisions of this section, was repealed by 
the act of 1879 aforesaid. 

Sectiox 4u2. The exckisive purpose and objects of each 
normal school shall be the instruction and training of per- 
sons, both male and female, in the theory and art of teach- 
ing, and in all the various branches that pertain to a good 
common school education, and in all subjects needful to 
qualify for teaching in the public schools; also to give in- 
struction in the fundamental laws of the United States and 
of this state, in what regards the rights and duties of 
citizens. 

Section 403. Said board shall also establish a model 
school or schools for practice in connection with each state 
normal school, and shall make all the regulations necessary 
to govern and support the same; and they may in their dis- 
cretion admit pupils to such model schools free of charge of 
tuition. 

Section 404. The said board shall have the government 
and control of all the normal schools, and shall have power 
therefor; 

1. To make rules, regulations, and by-laws for the good 
government and management of the same, and each depart- 
ment thereof. 

2. To appoint a principal and assistants, and such other 
teachers and officers, and to employ such persons, as may 
be required for each of said schools; to fix the salary of each 
person so appointed or employed, and to prescribe their sev- 
eral duties. 

:>. To remove at pleasure any principal, assistant, or other 
officer or person, from any oMce or employment in connec- 
tion with any such school. 

4. To purchase any needful and proper apparatus, books, 
or articles, to assist in instruction, and to provide for all 
necessary fuel and supplies for the conduct of such schools. 

5. To prescribe the courses of study, and the various books 
to be used in such schools. 

<i. To cause notice to be given of the opening of such 
schools, and the several terms thereof. 

7. To prescribe rules and regulations for the admission of 
students, but every applicant for admission shall undergo an 
examination to be prescribed by the board, and shall be re- 
jected if it shall appear that he is not of good moral charac- 
ter, or if applying as a free pupil, will not make an apt or 
good teacher. 

8. To require any applicant for admission, other than 
sucli as shall, prior to admission, sign and file with said 
board a declaration of intention to follow the business of 
teaching common schools in this state, to pay, or to secure 
to be paid, such fees for tuition as the board may deem 
proper and reasonable. 



166 

9. To cause lectures on any art, science, or branch of lit- 
erature to be delivered in any such schools, on such terms 
and conditions as they may prescribe. 

10. To confer by by-laws upon the principals of the sev- 
eral normal schools the power to suspend or expel pupils for 
misconduct, or other cause prescribed in such by-laws. 

DIPLOMAS AND STATE CERTIFICATES. 

Section 405. Said board may grant diplomas in testimony 
of scholarahip and ability to teach, but no such diploma 
shall be granted until such graduate shall have passed a 
thorough and satisfactory exaniination in the course of 
study prescribed by the board. AVhen any such graduate 
has, after receiving such diploma, taught a public school in 
this state one year, the state superintendent may, after such 
examination as to moral chaxacter, learning, and ability to 
teach, as to him may seem proper, countersign the diploma 
of such teacher, and thereafter such countersigned diploma 
shall be evidence of his qualifications to teach in any com- 
mon school, and shall have the force and effect of an unlim- 
ited state certificate. The sal I board may also, on such 
conditions as they may determine, grant a certificate of 
attendance, certifying that the holder has completed the 
elementary course in a normal school, and is qualified to 
teach a common school; and the said superintendent may, 
upon conditions above prescribed respecting diplomas, 
countersign such certificate, and thereafter, such counter- 
signed certificate shall be evidence of his qualification to 
teach in any common shool of the state, and shall have the 
full force and effect of a limited state certificate. 

VISITORS . 

Section 40G. After any state normal school shall have 
commenced its first term, and at least once in each year 
thereafter, it shall be visited by three suitable persons, not 
members of the board, but to be appointed by the state 
superintendent, who shall examine thoroughly into the con- 
dition, organization and management of the school, and 
shall report to the said superintendent their views in regard 
to its success and usefulness, and any other matters they may 
judge expedient. Such visitors shall be appointed annually, 
and their report shall bear date of the thirty-first day of 
August, and cover the year preceding such date. 

See section 401, and the comment on the same. 

teachers' INSTITUTES. 

Section 407. Institutes for the instruction of teachers 
shall be held in each year, in such counties as may be desig- 
nated by the state superintendent, with the advice and con- 
currence of said board, preference being given to such 



167 

counties as receive the least direct benefits from the normal 
schools. The state superintendent, by and with the advice 
and consent of said board, may make such rules and regu- 
lations as the}- shall deem proper for organizing and con- 
ducting such institutes, and may, by and with the like 
advice and consent, employ an agent or agents to perform 
such work in connection therewith, as by such rules and 
regulations may be prescribed. Each of said institutes shall 
be held under the direction of such agent or agents, assisted 
by the county superintendent. The course of study pursued 
in such institutes shall, as far as practicable, be uniform^ 
and be prescribed by the state superintendent, with the as- 
sistance of such agents, but subject to revision by said 
board. 

As Amended by Chapter 7, Laws of 1885. 

Sectiox 4:08. For the purpose mentioned in the preced- 
ing section, the said board may use such sum, not exceed- 
ing seven thousand dollars in any year, as it may deem 
necessary, of which not exceeding five thousand dollars shall 
be paid from the normal school fund income, and not exceed- 
ing tv7o thousand dollars from the general f und.and the state 
superintendent may use such additional sum not exceeding 
one thousand dollars to be also paid from the general fund, 
as he shall deem proper, for the purpose of providing public 
lectures in connection with such institutes, by the profes- 
sor of the theory and art of teaching of the university, 
and such amounts as shall be so expended are hereby annu- 
ally appropriated from the said funds respectively. 

Section 400. The normal school fund income shall, under 
the direction and management of the said board, be applied, 
and is hereby appropriated, to the establishment and support 
of the state normal schools and the purposes directed in this 
chapter. 

See section 401, and the comment en the same. 

[Section 410. The president of said board shall make to 
the state superintendent an annual report, bearing date 
the thirty-first day of August, which shall contain a full and 
detailed account of the doings of the said board, and of all 
of their expenditures, and of all moneys received, and the 
prospect, progress, and condition of said state normal schools; 
and such report, together with the reports of the different 
boards of visitors, shall be transmitted to the legislature by 
the state superintendent as part of his annual report.] 

Repealed by chapter IGO, laws of 1870, which requires the 
president to report to the governor. The latter act was 
amended by chapter 320, laws of 1883, requiring all reports 
to be made biennially. 



168 



OF ACADEMIES. 



Section 411. It shall be fhe duty of the president of the 
board of trustees of every organized academy, seminary, 
and literary or collegiate institution, heretofore incorporated, 
or that shall be hereafter incorporated, to cause to be made 
out by the principal instructor or other proper officer, and 
forwarded to the state superintendent, on or before the tenth 
day of October, in each year, a report for the year, termi- 
nating with the next preceding thirty-first day of August, 
setting forth the amount and estimated value of real estate 
owned by the corporation, the amount of other funds and 
endowments, and the yearly income from all sources; the 
number of instructors and their respective salaries; the 
number of students in the different classes, and the yearly 
rates of tuition; the studies pursued and the books used; 
the course of instruction and such matters as shall be spe- 
cially requested by said superintendent, or as shall be deemed 
proper by the president or principal of such academies or 
institutions to enable the state superintendent to lay before 
the legislature, in his annual report, a fair and full state- 
ment of the affairs and condition of such institutions. 



XIX. THE STATE SUPERINTENDENT. 

[Chapter 11, Revised Statutes.] 

Section 164. The term of office of the state superintend- 
ent shall be two years. He shall, within twenty days after 
he receives notice of his election, and before entering upon 
the duties of his office, take and subscribe the constitutional 
oath of office, which oath shall be ffied in the office of the* 
secretary of state. 

Section 165. The state superintendent may appoint under 
his hand an assistant, who shall take the constitutional oath 
of office, which, with his appointment, shall be filed in the 
office of the secretary of state. Such assistant shall perform 
such duties as the superintendent shall prescribe, not incon- 
sistent with law, and the superintendent shall be responsible 
for all acts of such assistant. 

Section 166. The state superintendent shall have a gen- 
eral supervision over the common schools in this state, and 
it shall be his duty: 

1. To visit, so far as practicable, every county in the state, 
for the purpose of inspecting the schools, awakening an in- 
terest favorable to the cause of education, and diffusing as 
widely as possible, by public addresses and personal commu- 
nication with school officers, teachers, and parents, a knowl- 
edge of existing defects, and of desirable improvements in 
the government and the instruction of the schools. 



169 

■i. To recommend the introduction of the most approved 
text-books, and as far as practicable to secure a uniformity 
in the use of text-books, discourage the use of sectarian 
books and sectarian instruction in the schools; to advise in 
the selection of books for school-district libraries, and to 
open such correspondence abroad as may enable him to ob- 
tain, so far as practicable, information relative to the system 
of common schools and its improvements in other states 
and countries, which he shall embody in his annual report 
to the legislature. 



4. To examine and determine all appeals, which by law 
may be made to him, according to the laws regulating the 
same, and his decisions thereon shall be final; and to pre- 
scribe rules of practice in respect thereto, not inconsistent 
with law. 

5. To collect in his office such school books, apparatus, 
maps, and charts as can be obtained without expense to the 
state; and also to purchase at an expense not'exceeding one 
hundred and fifty dollars a year, to be paid out of the state 
treasury, rare and valuable works on education, for the 
benefit of teachers, authors, and others who may wish to 
consult them. 

('). To apportion and distribute the school fund income as 
provided by law. 

7. To make copies when required by any person so to do, 
of any paper deposited or filed in his office, and of any act or 
decision made by him, and certify the same; and he may 
demand therefor twelve cents per folio. 

8. To prepare in each year a report to be delivered by him 
to the governor, on or before the tenth day of December, 
containing: 

First. An abstract of all the common school reports re- 
ceived by him from the several clerks of the county boards 
of supervisors. 

Second. A statement of the common schools in this state. 

Third. Estimates and accounts of expenditures of the 
school monej'. 



170 

Fourth. Plans for the improvement and management of 
the common school fund, and for the better organization of 
common schools. 

Fifth. A statement of his official visits, and of his travels 
in making the same during the past year. 

Sixth. AH such matters relating to his office, and the com- 
mon schools of the state, as he may deem expedient to com- 
miunicate. 

9. To perform all other duties imposed upon him by law. 

^ . „», mu^ ..i-^-t-r^ c.nr^^..iTifonrlf:>Tit fihall have an 



__^^, x3LV_yi. uu iiijpDob caiitiij-x v^LAui^c. wipijii me suaoeanu couniy 
superintendents of schools. 

Section 1 . It shall be the duty of the state superintend- 
ent of schools annually to hold at least four conventions, in 
as many different and most convenient and accessible points 
in the state, for the purpose of consultation, advice and in- 
struction, with county superintendents of schools, in regard 
to supervision and management of the public schools. 

Section 2. It shall be the duty of every county superin- 
tendent of schools in this state to attend annually at least 
one convention of county superintendents, called and held by 
the state superintendent for the purpose of consultation, 
advice and instruction with county superintendents of 
schools upon matters pertaining to supervision and manage- 
ment of public schools. 

Section 3. All actual and necessary expenditures for 
traveling from his residence to the place of holding the 
nearest and most accessible convention, and returning 
thereto, and for board and lodging during the time of actual 
attendance on such convention, shall be paid by the county 
in which the superintendent resides, and bills for such 
expenses shall be audited and allowed by the several county 
boards of supervisors, upon the presentation of the same 
with the certificate of the state superintendent attached 
thereto, showing that the claimant attended such conven- 
tion for the number of days specified in the bill; provided, 
not more than one such account shall be paid in each year. 



171 



XX. COXSTITUTIOXAL PROVISIONS. 

[Article 10.] 
EDUCATION. 

Section 1. The supervision of public instruction shall bo 
vested in a state superintendent, and such other officers as 
the legislature shall direct. The state superintendent shall 
be chosen by the qualified electors or the state, in such man- 
ner as the legislature shall provide; his powers, duties, and 
compensation shall be prescribed by law; provided, that his 
compensation shall not exceed the sum of twelve hundred 
dollars annually. 

Section 2. The proceeds of all lands that have been or 
hereafter may-be granted by the United States to this state 
for educational purposes (except the lands heretofore granted 
for the purposes of a universitj'), and all moneys, and the 
clear proceeds of all property that may accrue to the state 
by forfeiture or escheat, and all moneys which may be paid 
as an equivalent for exemption from military duty, and the 
clear proceeds of all fines collected in the several counties 
for any breach of the penal laws, and all moneys arising 
from any grant to the state where the purposes of such 
grant are not specified, and the five hundred thousand acres 
of land to which the state is entitled by the provisions of an 
act of congress, entitled, "An act to appropriate the proceeds 
of the sales of the public lands, and to grant pre-emption 
rights,'' approved the fourth day of September, one thousand 
eight hundred and forty-one, and also the five per centum 
of the net proceeds of the public lands to which the state 
shall become entitled on her admission into the Union (if 
congress shall consent to such appropriation of the two 
grants last mentioned) shall be set apart as a separate fund, 
to be called the school fund, the interest of which, and all 
other revenues derived from the school lands, shall be ex- 
clusively applied to the following objects, to wit: 

1. To the support and maintenance of common schools, in 
each school-district, and the purchase of suitable libraries 
and apparatus therefor. 

2. The residue shall be appropriated to the support and 
maintenance of academies and normal schools, and suitable 
libraries and apparatus therefor. 

Section o. The legislature shall provide by law for the 
establishment of district-schools which shall be as nearly 
uniform as practicable, and such schools shall be free and 
vfithout charge for tuition to all children between the ages 
of four and twenty years; and no sectarian instruction shall 
be allowed therein. 

Section 4, Each town and city shall be required to raise 
by tax, annually, for the support of common schools therein. 



172 

a sum not less than one half the amount received by such 
town or city, respectively, for school purposes, from the in- 
come of the school fund. 

Section 5. Provision shall be made bylaw for the dis- 
tribution of the income of the school fund among the several 
towns and cities of the state, for the support of common 
schools therein, in some just proportion to the number of 
children and youth resident therein, between the ages of 
four and twenty years, and no appropriation shall be made 
from the school fund to any city or town, for the year in 
which said city or town shall fail to raise such tax, nor to 
any school-district for the year in which a school shall not 
be maintained at least three months. 



FORMS 

FOR THE USE OF SCHOOL OFFICERS. 



No. 1. 

Form of order organizing n new school-district, to be filed with the town 

clerk. 

It is hereby .ordered and determined that [here describe 
the territory to be comprised in the district, by. sections and 
paints of sections] shall hereafter constitute a school-district, 

to be known as school-district No. — , of the town of _ . 

Given under our hands, this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. >■ of the town 

E. F. ) of . 

Note. — For form of order organizing joint district, see No. 6. 



No. 2. 



Form of notice for the first meeting of a school-district, to be delivered by 
the town supervisors of a taxable inhabitant of the district. 

Having, on the day of , IS — , formed a new school- 
district^ to be known as school-districc No. — , of the town 

of , [or joint school- district No. —, of towns of and 

, in case it be a Joint district] comprising the following 

territory: [Here insert the description of the district, as in 
form No. 1], you are hereby directed to notify every quali- 
fied voter of said district to attend the first meeiing thereof, 
which is hereby appointed to be held at the house of — — , 

in said district,' on the day of , 18 — , at — o'clock in 

the noon, by reading this notice in the hearing of each 

such voter, or in case of absence from his place of residence, 
by leaving thereat a written notice of the time and place of 
such meeting, at least five days before the time appointed 
for such meeting, and thereof to make due return. 

Dated at , this day of — , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. [ of the town 
E. F. ) of . 

Note. — If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



174 



No. 3. 

Form of notice for first mcetiog, to be left at tlie residence of a voter when 

absect. 
To A. A.: 

By direction of the supervisors of the town of , you 

are hereby notified that the first meeting of school-district 

No. — , of , recently formed, will be held at the house 

of , in said district, on the day of , 

18 — , at — T o'clock in the noon. Your attendance 

is requested. 

(Signed) G. H., 

Person appointed to give notice. 



No. 4. 



Form of return to be endoi'sed upon notice received from town supervisors, 
on the formation of a school-district. 

I hereby certify that I have notified the following named 
persons \^Here give the names in full], personally, and the 
following named persons [Here insert names] by copy, 
according to the direction of the within notice. 

Dated this day of , 18 — . 

• • (Signed.) G. H., 

Person appointed to give notice. 



No. 5. 



Form of notice for a meeting of a school-aistrict, to be delivered by the 
town supervisors, to a taxable inhabitant, in case there is no o£S.cer to 
call a meeting. 

To A. B., a taxable inhabitant of school-district No. — , 

of •• 

You are hereby directed to notify every qualified voter of 

school-district, No. — , of , to atterxd a meeting thereof, 

which is hereby appointed to be held at the house of 

, in said district on the day of , 18 — , at 

o'clock in the noon, by reading this notice in the hearing 

of such voter, or in case of absence from his place of resi- 
dence, by leaving thereat a written notice of the time and 
place of such meeting, at least five days before the time 
appointed for such meeting. The following is a description 
of said district: [Here describe the district as in form No. 1.] 
(Signed) A. B. ) Supervisors 

C. D. >• of the toivn 
E. F.Jo/ . 

Note— If it is a joint district, the notice must be signed by the super- 
visors of each town in which any part of the district lies. 



No. 6. 

From of order organizing a joint school-district. 

It is hereby ordered and determined that [here describe the 
territory by sections and parts of sections] shall hereafter 
constitute a school-district, to be known as joint school-dis- 
trict No. , of the towns of [here insert the names of all 

the toiuns in ichich any portion of the distinct is situated]. 

Given under our hands, this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. >- of the town 

E.F. Jo/ . 

G. H. ) Supervisors 
I. J. ,^ of the town 
K. L. ) of . 

Note.— The above order must be signed by at least two supervisors from 
each town affected by it, and a copy must be filed with the town clerk of 
each town. 



No. 



Form cf acceptance of office by district officers elected at the first meet- 
ing after the formation of a district, to be filed with the clerk of the 
meeting. 

I hereby signify my acceptance of the oflBce of , of 

school-district No. — , in the town of , to which I have 

been elected. 

Dated this day of , 18 — . 

(Signed.) G. H. 



No. 8. 



Form of notice to be given to the district, clerk when alteration of the 
boundaries of a district is contemplated. 

To C. D., Clerk of school-district No. — , of town of- 



You will take notice that we shall be present at [here men- 
tion the place], on the day of , 18 — , at — o'clock 

in the noon, to hear and decide upon certain proposed 

alterations of the boundaries of said school-district. 

Dated this — day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. f of the town 
E. F. ) of . 

Note. — In case of a joiut district, the above notice must be signed by a 
majority of the supervisors of each town, a part of which is embraced in 
the district or districts to be affected by the proposed alteration. 



176 



No. 9, 

Form of order for altering the boundaries of a school-district. 

It is hereby ordered and determined that the [here de- 
scrihe the territory by sections and parts of sections], now 

part of school-district No. — , of the town of , be and 

hereby is taken from said school-district, and attached to 
and made a part of school district jSTo. — , of said town for all 
purposes whatsoever. 

This order will take effect on the day of , 18 — . 

Given under our hands this day of , 18 — . 

(Signed.) A. B. ) Supervisors 

C. D. [ of the town 
E. F. ) of . 

Note 1. — The above order must be filed with the town clerk and' the 
district clerk; and in case of a joint district, the order must be signed by 
a majority of the supervisors of each town, a part of which is embraced 
in the district, and filed with the town clerk of each town, and the 
district clerk of each district affected by the alteration. 

Note 2. — The board of each district atf acted by the alteration may in- 
dorse their consent on the order as follows: 

We hereby consent to the alteration made in school-dis- 
trict No, — , of the town of , agreeably to the within or- 
der" of the town supervisors of said town. 

(Signed.) G. H., Director, ) Of said school-district 
E. F., Treasurer, \ No. — , of the town 
CD., Clerk, ) of , 

Note.— When such consent is not indorsed upon the order, it will not 
take effect until three months after its date. 



No. 10. 



Form of order of town supervisors awarding proportion of value of prop- 
erty to new district. 

To the district clerk of school-district No. —, of the town 

of : 

Having formed a new, school-district. No. — , of the town 

of , in part [or wholly] from the territory of your district, 

we have ascertained and determined the proportion of value 
of the school house and other property, justly due to such 
new school district from your district, letaining such 

school house and other property, to be dollars. 

You are, therefore, to raise and collect by tax, upon the taxa- 
ble property of your district, the said sum of dollars, 

and when collected pay the same to the treasurer of said 
new district. 

Given under our hands this day of , 18 — . 

(Signed.) E. F. ( Supervisors 

C. D. \ of the town 
A. B. ( of . 

Note.— In case of a joint district, the above notice must be signed by a 
majority of the supervisors of each town embraced, in part, in the district. 



No. 11. 

Form of notics for annual district meeting. 

Notice is hereby given to the qualified electors of school- 
district No. — , of the town of , that the annual meet- 
ing of said district for the election of officers and the 

transaction of other business, will be held at , on the 

first Monday, being the — day of July, at 7 o'clock in the 
afternoon, [unless some other hour was determined upon by 
the district at the previous annual meeting]. 

Dated this — day of , 18 — , C. D., 

(Signed.) District Clerk. 

Note. — The above notice must be c..ffixed to the outer door of the school- 
house, if there be one in the district, and must be posted up in at least three 
other public places, at least six days before the time appointed for the 
meeting. 



No. 12. 



Form of notice for an adjourned district meeting, when si|^h meeting has 
been adjourned for a longer period than one month. 

Notice is hereby given, that a meeting of the qualified 

electors of school-district No. — , in the town of , will 

be held at , in said district, on the — day of , 

18 — , at — o'clock in noon, pursuant to adjournment. 

Dated this — day of , 18 — . C. D., 

(Signed.) District Clerk. 

Note. — The foregoing must be posted the same as for the annual meet- 
ing. 



No. 13. 

Form of request for clerk to call a special district meeting. 

To A. B., clerk of school-district No. — , of the town of .• 

Sir — You are hereby requested to call a special meeting 

of the above district on the day of , 18 — , at — 

o'clock in the noon, for the purpose of [here state the 

business to be. transacted]. 

(Signed.) A. B. 

CD. 
* E. F. 

G. H. 
I.J. 

Note. — The above notice must ba signed by at least five legal voters. 
12-S. C. 



1Y8 



No. U. 

Form of notice for special district meeting. 
Notice is hereby given to the qualified electors of school- 
district No. — , in the town of , that a special meeting of 

said district will be held at , on the day of , 

18 — , at o'clock in the noon, for the following 

objects: {Here particularly specify each item of business 
to he acted upon.] 

(Signed) C. D., 

District Clerk. 

Note — The above must be posted as for an annual meeting, and in case 
it is intended to raise a tax, or vote a loan, three-fourths of the legal voters 
must be personally n tified of the meeting, or a copy of the above notice 
must be left at their places of residence, at least six days before the time 
appoiuted for the meeang. 

Form of notice for special school meeting for the purpose of authoriz- 
ing the olistrict board to borrow money from the trust funds of the st-ite, 
and to vote the taxes required by law to be voted, in order to obtain such 
loan. 

Notice is hereby given to the qualified voters of school 

district No. — , town of , that a special school meeting of 

said district«wili be held at , in said district on the 

(lay of , 18 — , at — o'clock P. M., for the purpose of vot- 
ing on the following propositions, viz.: 

1st. To authorize the school board to make application for 

a loan of dollars from the state trust funds, payable 

in years, with interest at the rate of seven per cent, per 

annum, payable annually in advance, for the purpose of 
building school house. 

2d. To raise by tax a sum suflicient to pay the principal 
and interest of such loan as it becomes due. 

3d. To raise by tax the sum of dollars, to be collected 

in the tax for the year to aid in building school house. 

(Signed) . 

j)ated . District Clerk. 



No. 15. 

Form of notice to be given by the clerk of a school-district meeting to the 
ofl&cers elect who were not preseno at the meeting. 

To 



You are hereby notified that at a meeting of school-dis- 
trict No. — , in the town of , held on the — — day of , 

18 — ^ you were duly elected of said district. 

Dated this day of , IS — , 

(Signed.) C. D., 

Clerk of said meeting. 

Note. — This notice is required to be given within five days after the 
meeting, and only to those persons elected to office who were not present 
at the time. 



179 



No. 16. 

Form of refusal to accept district offioe, to be filed with the clerk of the 

district. 

To the clerk of school-district No. , in the town of 



You are hereby notified of my refusal to accept the office 
of , to which I was elected at the meeting of said dis- 
trict, held on the day of , 18 — . 

(Signed.) G. H. 

Note. — This notice of refusal must be filpd withiu ten days after the 
plection, or the person will be deemed to have accepted t!ie office, and be 
liable for nou-performauce of duty. 



No. 17. 

Form of an appointment to fill a vacancy iu the district board. 

To A. B.: 

The office of [cley^k, director, or treasurer] of school-dis- 
trict No. , of the town of , having become vacant, 

you are hereby appointed to fill such vacancy until the next 
annual meeting in said district. 

Dated this day of , 18 — ,' 

(Signed.) G. H., Director. 

E. F., Treasurer. 
[Or other members of the board, as the case may be.] 

Note. — It requires two members of the board to make an appointment. 
If they negh ct for ten days to fill the vacancy, it must be done by the 
town clerk, after the foUowmg form; in either case the appoiatment must 
be filed with the district clerk: 



No. 18. 

Form, when the town clerk appoints. 

ToA. B.: 

The office of [clerk, director, or treasurer] of school-dis- 
trict No. , of the town of , having become vacant, 

and the district board of said district having failed to fill 
the same within ten days, you are hereby appointed to fill 
such vacancy until the next annual meeting of said district. 
(Signed.) C. D., Tow7i Clerk. 

Note. — In ease a vacancy in a joint district is to be filled by the town 
clerk, the appointment is lo be made by the clerk of the town containing 
the school-house. (See sec. 433.) 



180 



No. 19. 

Form of refusal to accept a district office by appointment. 

To the district hoard of school-district No. [or the town 

clerk as the case may be] , of the toivn of : 

You are hereby notified of my refusal to accept the oflSce 

of of school-district No. .of said town, to which I 

■was appointed by you on the day of , 18 — . 

Dated this day of , 18 —. 

, (Signed.) G. H. 

Note. — The notice of refusal niTist be filed, with the cle^k or director 
within five days after the appointment, or the person shall be deemed to 
have accepted the ofiice, and be liable to a fine for non-performance of 
dutv. 



No. 20 (Deed or Lease). 

Form of a deed of a school-house site. 

Know all men by these presents, that I, A. B [and C. Z?., 

his ivife, if 7narried], of the town of , in the county of 

, in state of Wisconsin, party of the first part, for and 

in consideration of the sum of dollars to them in hand 

paid by the district board of "school-district No. , of 

the town of ," county of , and state aforesaid, 

the receipt whereof is hereby acknowledged, do hereby grant, 
bargain, sell, and convey to the said school-district, party of 
the second part and their assigns, the following described 
piece of land, namely: [Here insert description of land.] 
Together with all the privileges and appurtenances there- 
unto belonging. To have and to hold the same to the party 
of the second part and their assigns forever; and the said 
party of the first part for themselves, their heirs, executors, 
and administrators, covenant, bargain, and agree, to and 
with the said party of the second part and their assigns, 
that at the time of the sealing and delivery of these presents, 
they are well seized of the premises above conveyed, as of 
good, sure, perfect, absolute, and indefeasible estate of in- 
heritance in the law in fee simple, and that the said lands 
and premises are free from all incumbrances whatsoever, 
and that the above bargained premises in the quiet and 
peaceable possession of the said party of the second part 
and their assigns, against all and every person or persons 
lawfully claiming, or to claim, the whole or any part thereof, 
the said party of the first part will forever warrant and 
defend. 

In witness whereof, the said A. B. and C. B., his wife. 



181 

party of the first part, have hereunto set their hands and 

seals, this day of , A. D. 18 — . 

Signed, sealed, and delivered ) A. B. [seal.] 

in presence of E. F. >• C. B, [seal.] 

G.H. ) 

Note. — Such deed should be duly acknowledged before a notary public, 
justice of the peace, or other officer authorized by law to take such ac- 
knowledgment, and recorded in the office of the register of deeds for the 
county. 

Form of lease. 

Know all men by these presents, that A. B., of the town 

of , in the county of , in the state of Wisconsin, of 

the first part, for the consideration herein mentioned, does 
hereby lease unto " school-district No. — , of the town of 

," county of , in the state aforesaid, party of the 

second part, and their assigns, the following described parcel 
of land: \He?-e insert description of land]. Together with 
all the privileges and appurtenances thereunto belonging: 
To have and to hold the same for and during the term of 

years, from the day of , A. D. 18 — ; and the 

said party of the second part for themselves and their as- 
signs, do covenant and agree to pay to said party of the 

first part, for said premises, the annual rent of dollars. 

In testimony whereof, the said parties have hereunto set 

their hands and seals, this day of , 18 — . 

A. B., Lessor, [seal.] 

C. D., ] District board of school- 

E. F., r district No. , of the 

G. H., ) toivn of . 



No. 21. 

Form of contract between district and teacher. 

It is hereby agreed between school-district No. — , of the 

town of , and L. M., a qualified teacher of the county of 

, [or superintendent district No. — , of the county of 

, as the case may be,\ that the said L. M., is to teach the 

common school of said district for the term of [liere insert 

the time], for the sum of per month, commencing on the 

day of , IS — , it being understood and mutually 

agreed that days shall constitute a month; and for such 

services properly rendered, the said district is to pay to the 
said L. M., the amount that may be due according to this 

contract, on or before the day of , 18 — . 

Dated this day of , 18 — . 

(Signed.) 

A. B., Director. 

CD., Treasurer. 

E. F., Clerk. 

L. M., Teacher. 



182 

If the teacher holds a limited certificate, for a single town or district, 
the contract may read: "a qualified teacher of said town," or " said dis- 
trict." 

In case the teacher is employed in a graded school, the pa'^ticular depart- 
ment for which he is engaged may be specifi-^d, and the contract may read: 
•' dollars per week," if hired by the week. 

By section 459, printed on page 85 of this codft, it will be seen that 20 
days constitute a teacher's month, unless otherwise specified in the con- 
tract. When the teacher is hired at so much a mouth, it is best alwajs to 
specify in the contract how many days of teaching shall be considered a 
month. 

All legal holidays count as school riays for both teacher and district, if 
they come on a day when schnol would otherwise be taughf, but as the 
law now provides, Saturdays are not to be counted. If a legal holiday oc- 
curs on Sunday, the succeeding Monday is a legal holiday. 

If the teacher is expected to build the fire, or cleanse or otherwise care 
for the school-house, it should be so stated in the contract. If not specially 
provided for, the district hoard must provide for jani or service. 

The contract must be signed by at least two members of the board, and 
cannot lawfully be made, until a meeting of the board has b>en held. 
A copy of the certificate held by the teacher must be attached to the con- 
tract. See section 438, pages 55, 56, 57 and 58. 



No. 22. 

Form of bond of district treasurer to be filed with the district clerk. 

Know all men by these presents, that we, E. F., treasurer 

of school district No. — , of the town of , and L. M., his 

surety, are held and firmly bound unto said school-district 
in the sum of [here insert a sum of double the amount to 
come into the treasurer's hands, as near as can be ascertained] 
to be paid to the said school-district, for the payinent of 
which, well and truly to be made, we bind ourselves, our 
heirs, executors, and administrators, jointly and severally, 
firmly by these presents. Sealed with our hands and dated 
thie day of , A. D. 18—. 

The condition of the above obligation is such that if the 
said E. F., treasurer as aforesaid, shall faithfully discharge 
the duties of his ofiice as treasurer of said school-district, 
and shall well and truly pay over to the person or persons 
entitled therein, upon the proper order therefor, all sums of 
money which shall come into his hands as treasurer of said 
district, and shall, at the expiration of his term of office, pay 
over to his successor in office all moneys remaining in his 
hands as treasurer aforesaid, and shall deliver to his suc- 
cessor all books and papers appertaining to his said office, 
then this obligation shall be void, otherwise of full force and 
virtue. 

Signed, sealed, and delivered in ) 
presence of R. S. > E. F. [seal.] 

G. H. ) L. M. [SEAL. J 

Form of approval to ba indorsed on the bond of treasurer. 

We appT-ove of the within bond and surety. 

(Signed.) G. H., Director. 

C. D., Clerk. 



183 



No. 23. 

Form of notice to treasurer to furnish additional security. 

To A. B., treasurer of school-district No. : 

Sir:— Deeming the security upon your bond insufficient ta 
protect the district against loss, we hereby require you to 

furnish a new bond in the sum of $ , wfth sureties to be 

approved by us, within ten days of the date hereof. 

Dated this — day of , 18 — . 

(Signed.) C. D., Director. 

E. F., Clei^k. 



No. 24. 

Form of order on treasurer for moneys to be disbursed by school- district. 

To A. B., treasurer of school-district No. — , in the town 

of ; 

Please pay to the sum of dollars for [here 

specify the object for ivhich the money is to be paid], out of 
any money in your hands, not appropriated, belonging to 
the [here name the fund on ivhich the order is drawn], ot 
said district. 

Dated this — day of , 18 — . 

(Signed.) C. D., District Clerk. 

G. H., Director. 



No. 25. 

Form of school register to be kept by the teacher of each school. 

The register furnished by the district should be one ar- 
ranged in four parts. The first part should consist of blank 
pages for entering a daily programme of recitation and 
study. Following is a model page of this part: 



184: 



DAILY PROGRAMME OF RECITATION AND STUDY. 
For term from to 188 — . 



Teacher. 



Recitations. 


Text-Books. 


Study and Work. 


Beginning. 


- CD 

5 


a 
1 








Branch. 


Book. 


Primary 
Form. 


Middle 
Form 




Hr. 


Min. 


Upper 
Form. 

































































































































The second part of the register should consist of blank 
pages for entering the school number, name, age, sex, daily 
attendance and tardiness of every pupil that attends the 
school, with a blank column at the right of the page, if de- 
sired, for a monthly summary, and one for "remarks." Fol- 
lowing is a model for this section. Usually there is space 
for four months of record upon two contiguous pages. 



Teachers' ] 


Daily Register, for the Term Commencing 


-, and Ending 


, 188—. 






School Months, from to . 




































Monthly 










Sex. 


>^ 


>~ 


-a 


TO 




p^ 


t^ 


TO 

■o 

03 


o3 






Summaries. 




^ 






1=1 

CD 


4^ 

cc 


so 


Remarks. ' 


0) 








0/ 


(T( 


o: 


01 


-o 


i>- 


T) 






X! 


t>i 




ft 


a 






.^2 
S 




(£ 


0^ 


03 




-o 


a 


3 


CS 




CO 


i-l 




o3 

-a 


"ci 


CD 


03 

>1 


a' 

a 








be 


03 




s 


5 
H 


^ 






§ 




• • 




j-1 

•• 


o 


o3 

o 


o3 

Q 





185 

The third part of the register should consist of blank 
pages for showing the classification of the school, and re- 
cording the progress and standing of each pupil in the sev- 
eral branches of study pursued. Following is a model page 
of this section, which can be repeated for each class in the 
school: 

FIRST (OR SECOND. OR THIRD) CLASS IN GEOGRAPHY. 



Winter (or spring or fall) Term, beginning , ending 

Class coaiLueuced Geography, and advanced to page 



6 


Name. 


6 
to 


. Entered 


Lett. 


Passed 

over 

pages. 


a 

a 


Pre|L.a'd 

to go on 

from 


Remarks, 


1. 

2. 


John Jones 
Jane Smith 


15 
13 


Nov. 1 
Nov. 8 


March 5 
March 8 


19-78 
25-68 


100 
68 


P^ge78. 
Page 68. 


Studious. 
Inclined to 
be frivol- 


3. 


H. Peters.. 


14 


Nov. 10 


March 5 


19-66 


100 


Page 66. 


ous. 

Mother sick. 
Made up all 
gone over 
to Nov. 10. 
Will proba- 
bly make 
up during 
vacation to 
page 78, so 
as to go on 
with class. 



The fourth part of the register should consist of a pupil's 
record for the school year, or ledger, which will be statistics 
posted from the daily register, and upon which the clerk 
may depend for making up his annual report for the town 
clerk. In this record, no pupil's name should be entered but 
once in any one school year. In all the series of records 
each pupil should be given a school number, which he should 
carry through the school year, whether attending school 
much or little, and this number should be assigned to no 
other pupil during that year. Following is the form of this 
section that may be used. 



186 



i'upi 


Is' Kecori tor 1 


;he bchool Year commencing — 
ending , 188 — . 




— , 188— ancl 








Sex. 


1st 2IONTH. 


2d Month. 














jj 






-1^ 








No. 


Name. 




:a 


F 


CO 

CD 
U 

Ah 


id 


00 


a 

CO 


4^ 

CD 
< 


s 

H 
to 


Remarks. 






• 






CO 


CO 


cu 


CO 


to 


m 
















^ 


a 


^ 




g 








< 






fi 


Q 


H 


p 


Q 


H 





Notes.— In filling up the daily register, the teacher will, of course, use 
her own preference in signs. The following are suggested: To indicate 
presence In the morning this mark — /; to indicate presence in the af ter- 
ternoon this mark— \; so that if the pupil is present morning and after- 
noon this sigQ will appear against the name for that day — X. If tardy in 
the morning the number of minutes may be placed in the upper angle, 

10 V 

thus— X; if tardy in the afternoon, indicate in the same way thus— 15. 

Tiie teacher should take the age of the cnild, when taki ig the name, and 
indicate the sex, as initial letters fail to give the necessary iaformation. 

The teacher should carefully add the columns in the daily register at 
the end of each month, which need to be trausfe red to the ledger, and en- 
ter the summary therein accurately and legibly. 

It is very d-sirable that each district in tie state be fully and accurately 
reported. If one district in a t-)wn fails to report fully, the whole town 
suffers from this failure, in comparison with other towns t lat may be 
fully reportei. 

That the register be neatly kept, it will be be^t for the teacher to use a 
small blank >o k, in which may be registere 1 the ab? n les for the day, 
and then at night the register may be properly filled and fojted. 



No. 26. 



Form of notice to town treasurer of apportionment of school moneys by 

the town clerk. 

Treasurer of the toivn of 



You are hereby notified that I have apportioned the school 
moneys now in your hands^ to the different districts of the 
town, as follows: 

To district No. 1 $ To district No. 6 % . . $ 

do 2 do 7 

do 3 To joi' t dist. . .1 

d) 4 do 2 

do 5 do 3 

Dated this day of , 18 — . , 

(Signed.) Toivn Clerk. 



1.87 



KOTE—Immed lately upon the receipt of the certificate of the town treas- 
urer, of 'he a'l ouut in his h nds (See form No. 27), the clerk shall proceed 
to apportion it aniMup^ the several dist ics of the town from which reports 
have been received according to law, and thereupon he will notify the 
treasurer as abi.ve, i hat he may pay the moneys to the treasurers of the 
districts entitled to the same. 



No. 27. 



Form of certificate of town treasurer of moneys in his hands subject to 

apportionment. 

To the town clerk of the town of ; 

I hereby certify that there is now in my hands the sum of 
$ , school moneys, subject to apportionment to the school- 
districts entitled thereto. 

Dated this day of , 18 — . 



(Signad. 



A. B., 
Totun Treasurer. 



No. 28. 



Form of report of town clerk to the county superintendent, of the names 
aijd post-office addresses of the district clerks in his town. 

To the county superintendent of schools of the county of .• 

Sir: — I hereby report to you the names of the school-dis- 
trict clerks in the town of , and their addresses, as 

follows: 



District. 


Name of Clerk. 


Post-oflace 




No. 1 


A. B.... 




No. 2 


C. D 




No. 3 


E. F 




No. 4 


G. H 




No. 5 


I. K 




No. 6 


L. M 




Joint No. 1 


N. 




2 


P. R 




3 


S. T 











(Signed.) 



A. W., Town Clerk. 



Note— The town c'erk must repTt his own name and post-office to the 
county superintendent within ten days afttr the said clerk's election, or 
appointment, and the name and office of each district clerk in his town, 
•within itn days after the filing of the same in his office. 



188 



No. 29. 

Form o£ determination of rf-lative proportion of taxes to be assessed upon 
the different parts of a joint district, sicu tted in two or more towud. 

Upon the application of A. B., C. D., and E. F., tax-payers 

in joint school-district IsTo.^ — , of tlie towns of and , 

we have made the necessary inquiry and examination, and 
do hereby determine that for every dollar of district tax to 
be hereafter levied upon that portion of the district, the sum 
of cents shall be assessed upon that portion of the dis- 
trict lying in the town of , and cents upon that part 

lying in the town of . 

Dated this , 18—. 

(Signed.) G. H., ) Assessors 

J. K.^ of 

L. M., ) 

N. O., ) Assessors 

S. T.,) 

Note.— If assessors cannot agree, and the supervisors, or supervisors and 
a chairman of an adjoining tovvn are called to ac, they will also sign the 
above. See section 471. 



No. 30. 



Form of statement of the amount of taxes voted to be raised in a school- 
district, to be delivered by the dis.rict clerk to the town clerk. 

To R. S., town clerk of the toivn of ; 

The amount of taxes voted to be raised in school-district 

No. — , of the town of , at the last annual meeting of said 

district, held on the day of July, 18 — , is [write the 

amount iti words] dollars; which amount you are requested 
to assess upon the taxable property therein. 

The following is a list of the names of the persons and cor- 
porations liable to a school-district tax in said district: 
[Here insert the names of the persons and corporations.] 

Dated this day of , 18 — . 

(Signed.) C. D., 
Clerk of the School-district No. — , of the town of . 

State of Wisconsin, County of , ss. 

C. D., being duly sworn, on oath says .that he is clerk of 
school-district No. — , of the town of , and the above state- 
ment by him made of the amount of taxes voted to be raised 
said school-district, and the lists of persons and corporations 
liable to a school-district tax therein are true. 

(Signed.) C. D. 

Subscribed and sworn to before me this day of , 

18—. 

(Signed.) J. P., 

Justice of the Peace. 



189 



Note. — If a district has been lately organized and a tax was voted at the 
first mee in?, as well as at the annual meeting, that should be stated; also 
any tax voted at a special meeting, held between the time of the annual 
meetmg and the third Monday of November followicg. 



No. 31. 



Form of statement of the amount of taxes voted to be raised in a joint 
district, to be delivered to the clerk of each town in which any part of 
the district is situated. 

To R. S., towji clerk of the town of .■ 



The amount of taxes voted to be raised •in joint school- 
district No. -^, of the towns of and , at the last an- 
nual meeting of said district, held on the day of July, 

18 — , is [write the amount in ivords] dollars; and the propor- 
tion of that amount to be raised in that part of said district 

which lies in the town of ,is [write the amount in ivords^ 

dollars, which you are requested to assess upon the taxable 
property therein. 

The following is a list of the names of the persons and 
corporations liable to a school district tax in that part of the 

district lying within the town of [here insert the names 

of the persons and corporations^. 

(Signed.) C. T>., 

Clerk of Joint School-district No. — , 
Of the towns of and . 

Note. — Attach affidavit of the district clerk similar to the one given in 
form No. 30. 



No. 32. 

Form of application to board of supervisors to es'^ablish a school-house site. 

To the hoard of supervisors of the town of .• 



At a regular meeting of school-district No. — , it was de- 
cided by a vote of a majority of the electors present, to apply 
to your honorable board to establish a school-house site for 
said district. The district has selected [here describe the lo- 
cation of the site selected], but is unable to obtain the same, 
for the reason that the owner of the land selected will neither 
lease nor sell the same to the said district [or that the owner 
is a non-resident]. 

(Signed.) A. B., 

District Clerk. 



190 



No. 33. 

Form of certificate of district clerk that the notice for the nieetiag of the 
supervisors to est^^blish a school-house site has been given. 

To the hoard of supervisors of the town of ; 

I hereby certify that on the day of ■, I served the 

followm^ notice upon the owner and occupant of the land 
therein described: [^Here insert the notice i7i form 34.] 

Dated this day of , 18 — . 

(Signed.) A. B., 

District Clerk. 

Note.— In case there is no account of th^ Ian is sele^ted for a site, and 
the owner is unknown or resides out of the state, the uotice must be pub- 
lished in the nearest newspaper, for six weeks previous to the mee'ing of 
the board of supert^isors, and the above certificate must state the facts of 
such publication, iustead of personal service. 



No. 34. 

Form of notice for meeting of supervisors to decide upon an application 
to locate and establish a school-house site. 

Tiie undersigned will be present at -, on the day of 

— — , at o'clock in the noon, to decide upon the ap- 
plication of school-district No. — , for the location and estab- 
lishment of a school-house site for said district upon \liere 
describe the lands upon which it is proposed to establish the 
site.^ 

Given under our hands, this day of , 18 — . 

(Signed.) A. B., ) Supervisors 

.C. T)., Y of the toivn 
E. F., ) of . 

Note, — In case the application is made by a joint district, the supervis- 
ors of all the towns in which any part of the district is situated, must siga 
the above notice and be present at the meeting to establish the site. 



No. 35. 



Form of certificate of action of town board of supervisors in locating and 
establishiiig school-house site. 

We hereby certify that on the day of , A. D. 18 — , 

we located and established a school-house site for school- 
district No. , comprising the following described terri- 
tory [here describe the tabids taken for a site according to 

the survey of the saine], and award the sum of dollars in 

full as compensation to the owner [if there are two or more 
owners of the lands taken, specify the amount awarded to 
.each], of the lands thus taken for said school-house site. 

Dated this day of , 18 — . 

(Signed.) A. B., ) Supervisors 

C. D,, >• of the town 
E.F.,i of . 



191 

Note. — The certificate of the ac'^ion of town boards of supervisors in 
locating and establisliing an addition to a school-hoase sire, will be the 
same as above, except that in the second line, after the wor i ' establis 'ed,'" 
the « Old '"a" w 11 be <'mitted, and the words " an addition to the " will 
be inserted; and tlie last two lines wid be ni-ide to read, "taken for said 
addition to said school-house site." 

IC^Duplicates of the ab 've certificates must be made out, and one of 
them must be delivered to the owner or occupant of the land taken, and 
the other t > the district clerk of the district, who must have th-^ same 
recorded in the office of the register of deeds of the county in which the 
site is situated. 



No. 36. 



Form of certificate of the sheriff of a vacancy in the office of county 
suptriutendent of schools. 

To , Skite Superintendent: 

Sir: — I hereby certify that a vacancy in the office of 

countj^ superintendent of schools occurred on the day 

of , 18 — , by [Jiere state the cause of the vacancy, whether 

by death, resignation, removal from the county, or the re- 
moval from office of the incumbent]. 

Given under my hand and seal of office, this day 

of ^,18—. 

(Signed.) A. B., 

* Sheriff of County. 



No. 37. 



Form of certificate of a county clerk, of the division of a county into two 
superintendent districts, and of a consequent vacxncy in the office of 
county superintendent of schools. 

To , State Superintendent: 

Sir: — I hereby certify that on the day of , 18 — , 

the board of supervisors of the county of , divided said 

county into two superintendent districts; that they have 
determined that the present county superintendent shall 
have jurisdiction of district No. — , and that district No. — , 
therefore remains vacant. 

Given under my hand ani seal of office, this day 

of , 18—. 

(Signed.) A. B., 

County Clerk of County. 



No. 38. 

Form of statement of number of children of s'^hool age in a county, made 
by county superintendent for county treasurer. 

To A. B., treasurer of the county of .• 

Sir: — The following is the number of children over the age 
of four and under the age of twenty years, in those districts 



192 



of the several towns in this county [or superintendent dis- 
trict, as the case may be] which have maintaind school for 
five or more months the past school year, as returned to me 
by the town clerks: 



Town. 


Number of Children. 


Town. 


Number of Children. 


A . . . 




D 




B ... 


. 


E 




G ■ 




F 













Dated this 10th day of October, 18^. 
(Signed.) 
County Superintendent of Schools for 

Note. — Thf above statement must be filed with the county treasurer on 
or before the tenth day of October in each year. 



G. H., 

— County. 



No. 39. 



Form of notices to teacher and district clerk of the intention of the county 
superintendent to annul said, teacher's certificate. 

To A. B., teacher in school-district No. — , town of .• 

Sir: — Your are hereby notified that it is my intention to 
annul the certificate of qualifications now held by you as a 
teacher. 

(Signed.) B. B., 
County Superintendent of Schools for County. 

To E. F., clerk of school- district No. — of the town of 



Sir: — You are hereby notified that it is my intention to 

annul the certificate of qualification held by , now 

employed in teaching in your district. 

Dated this day of , 18 — . 



B. B., 

— County. 



(Signed. 
County Superintendent of Schools for 

Note. — The above notices must: be served upon the teacher and district 
clerk at least ten dajs before the certificate is annulled. 



No. 40, 

Form of annulment of teacher's certificate and notice to town clerk. 

To A '^B., 

Sir: — The certificate of qualification held by you as a 
common school-teacher in the county [or superintendent 
district, or toivn] of , issued on or about the^ day of 



-, 18 — , is hereby annulled. 

Dated this day of , 18 — . 

(Signed.) 
County Superintendent of Schools for 



CD.. 

— County. 



193 

Note. — The above annulment will not take effect until the following 
notice has been filed with the town clerk of the town in which the teacher 
whose certificate is annulled, is engaged in teaching. 

To the toum clerk of the town of ; 

Sir: — You are hereby notified that on the day of , 

A. D. 18 — , I annulled the certificate of qualification held by 
A. B., a teacher of your town, for the reason that, in my 
opinion, the said A. B. does not possess the requisite qualifi- 
cations as a teacher in respect to [moral character, learning, 
or ability to teach, as the case may be]. 

Dated this dav of , 18 — . 

(Signed.) ' C. D. 

County Superintendent of Schools for the County 
of . 

13— S. C. . 



194: 



APPLICATIOX FOR DICTIONARIES Al^D MAPS. 



No. 41. 

Fotm of application for first supply of a school-district. 

State of Wisconsin, county of , ss: 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has never been 

supplied with Webster's Unabridged Dictionary, by the 
state, as provided by law. 



Subscribed and sworn to before me, 
this day of , 18 — . 



District Clerk. 
Post oflQce - 



/ Send by express to , care of 



No. 42. 

Form of application for supply of additional departments. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the fol- 
lowing department — in district No. , in the of , 

in the county of , ha — never been furnished with Web- 
ster's Unabridged Dictionary by the state, as provided for 

bylaw; department — unsupplied, ; department — 

heretofore supplied, . 



Subscribed and sworn to before me, "] 
this day of , 18 — . I 



District Clerk. 
Post-office — 



Send by express to , care of 



J 



No. 43. 

Form of application for supply of additional departments in cities. 

State of Wisconsin, Coun ty, ss. 

, being duly sworn, deposes and says that the 

public schools in the city of , county of , embrace 



195 



distinct departments, in as many different rooms (not 

including recitation rooms), under different teachers, and 
that the following departments in said schools have never 
been supplied with Webster's Unabridged Dictionary, as 
provided by law: 



Departments unsupplied. 



Departments heretofore supplied. 



City Superintendent. 

Subscribed and sworn to before me, ] 
this day of , 18 — . I 

. J 

Send by express to , care of . 



No. 44. 

Form of application for dictionaries by the secretary of a town board. 

State of Wisconsin, County of , ss. 

-, being duly sworn, deposes and says that the 



following subdistrict — , in the town of , county of 

ha — never been supplied with Webster's Unabridged Dic- 
tionary, as provided by law; subdistricts unsupplied, : 

subdistricts heretofore supplied, . 



Secretary of Town Board of Directors. 

Post-office, — 
Subscribed and sworn to before ~ 
me, this day of , 18 — . 



Send by express to , care of 



J 



No. 45. 



Form for application for re-supply, whea dictionary previously furnished 

is lost. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that district 

No. — , in the town of , county of , has lost by , 



196 

the copy of Webster's Unabridged Dictionary heretofore fur- 
nished to said district by the state. 



District Clerk. 
Post office, — 

Subscribed and sworn to before me, this day of - 

.18—. 



:Send by express to , care of . 

JS'OTE. — The price of the dictionary must accompany the application. 



No. 46. 



Form of application for re-supply, when dictionary previously furnished 

is worn out. 

State of Wisconsin, County, ss. 

, being duly sworn, deposes and says that the dic- 
tionary heretofore furnished to district No. — , in town of 
, county of , is so worn out as to be unfit for use. 



District Clerk. 

Subscribed and sworn to before me, this day of , 

18—. 



Send by express to , care, of . 

I^" The last two forms above can be altered to meet circumstances, in 
case the application for a re-supply is for a graded school in a city or vil- 
lage. 

ly Dictionaries are not furnished free for a re-supply, but at the cost to 
the state. Those now on hand (May, 1885) cost $7. The money, or a money 
order, or a draft must in all cases accompany tbe application. It is better 
to send a money order or draft, as the state is not responsible if the money 
is lost. 

Jt^" Applications for dictionaries must be made by the district clerk, the 
secretary of the town board, or the superintendent of the schools in a city 
or incorporated villagt, and the post-office of the applicant should be 
given as well as the nearest express station. Dictionaries cannot be sent 
by mail. 



197 



No. 47. 

Form of application for map of Wisconsin. 

, State Superintendent: 

Sir — I hereby make application for cop — of Nico- 

demus & Conover's map of Wisconsin, for use in . 

Name , 

Office . 

, Wis., , 188-. Post-office . 

Send by express to . 

Care of . 

Note— The money must be sent in advance; the applicant must be a 
public officer or teacher; the maps are furi ished only for public use, or 
schuolsf. If wanted for a school-district, the clerk may apply. TJie price of 
the map is $2. 



198 



FREE HIGH SCHOOLS. 



No. 48. 

Form of resolution proposing establishment of a high school. 

In order that the question of establishing and maintain- 
ing a high school in the town of may be submitted to 

the electors thereof for determination, the following resolu- 
tion is hereby proposed for adoption: 

Resolved,hy the town hoard of the town of , That a 

high school be established and maintained in said town. 
The town clerk is directed to give notice that said resolution 
will be submitted to a vote at the annual town meeting {or, 

general election) to be held in said town on the day of 

, 18 — , {or at a special town meeting or election to be 

held on the day of ,18 — , which the town clerk is 

hereby required to call upon due notice). 

Dated this day of , 18 — . 

{Signatures of Board.) 



No. 49. 

Form of notice that foregoing resolution will be submitted to vote. 
Notice is hereby given to the electors of the town of 



in the county of , that at a special election which is 

hereby called (or at the annual town meeting, or general elec- 
tion) to be held in said town on the day of , 18 — , 

the following resolution will be submitted to the vote of said 
electors: 

Resolved, etc. [as in the foregoing]; and that at said elec- 
tion members of the high school board will be chosen, to 
take their offices if said resolution be adopted, the clerk for 
one year, the treasurer for two years, and the director for 
three years; their respective terms of office beginning with 
the annual town meeting. 

Dated this — day of , 18—. 

(Signed.) , Town Clerk. 

Note.— The above forms may be used with the proper changes, in the 
cas^ of incorporated villages, or gra le t school-districts, thj call and notice 
to bs signed by the village or district clerk. 

In case the call is for special school-district iiieeting, it must be signed 
by at least five legil voters of the district, and the notice given at least six 
days before the time appointed. 



199 



No. 50. 

Form of certiBcate to be forwarded to the state superintendent to secure 
participatioa in apportionment to free liigh schools. 

This may certify, that on the day of , 188 — , the 

legal voters of the town of [or towns of , where two 

or more towns unite, or of school-district No, — ,town of , 

where vote is by a school-district, or city, or village] adopted 
a resolution to establish and maintain a free high school in 
said town (or towns, or school-district), and the persons 
whose names are hereunto appended have been duly elected to 
the office appended to their names, respectively. We further 
certify that no (or one or more) graded school exists in 

said of . The course of study adopted by said high 

school board for said high school is herewith submitted for 
the approval of the state superintendent, and the names and 

examination papers of , pupils prepared to enter said high 

school, who are residents of said town (or towns, or school- 
district) of , are herewith for warded for inspection. The 

examination of these pupils was held on the day of , 

188 — , and was conducted by . 

Dated at , this day of , 188 — . 

Director. 

Clerk. 
Treasurer. 

Note. — With this certificate the exam-nation papers of at least twenty- 
five pupils, residents of t'le high school district, should be forwarded. The 
character and scope of these examinations are commented upon in the 
high school pamphlet. 



200 



TOWNSHIP SYSTEM OF SCHOOLS. 



No. 51. 

Form of petition. 
Tc M. S., Town Clerk: 

The undersigned electors of the town of , hereby peti- 
tion that the question of township school government in 
said town may be submitted to the electors thereof, at the 
ensuing annual town meeting (or, general election). 

Dated this day of , 18 — . 

(Signed.) , 



Note. — The petition is to be signed by at least ten electors of the town. 



No. 52. 



Form of notice to be given by town clerk. 

Notice is hereby given that at the annual town meetings 

(or, general election), to be held in said town of , on 

the day of , 18 — , the question of township school 

government in said town will be submitted to the electors 
thereof, a petition therefor having been presented to me 
signed by ten electors of said town. 

Dated this day of , 18^ — . 

(Signed.) , Toum Clerk. 



INDEX. 



A. , ■ 

ACADEMIES— Page. 

incorporated, to report to state superintendent 168 

ACCEPTANCE — 

of district office by two oBBcers necessary to organization of 

district 7 

must be in writing, and filed with tiie district clerk 7 

ACCOUNT- 

of district board for expenses to be presented to district 

meeting for allowance 53 

to be kjpt by the district treasurer 69 

ACTIONS — 

to be brought under the compulsory law 65 

director to appear in, for district 67 

director to commence, on trea urer's bond 67 

against town treasurer by district treasurer 70 

against county t' easurer by town treasure r = . 105 

agairst district trea-urer by district 67 

may be brought by any elector in certain cases 136 

against distiict clerk tor neglect to make re|.>ort. 135 

against town clerk for neglect to make rep rt 135 

against county supeiintendent for neglect to make report. . 135 

ADJOURNMENT — 

of school district meeting 25 

notice for, when for a longer time than one month 17 

ADMISSION — 

of pupils from other districts 26-40 

of persons over twenty into the public schools 26, 40, 59 

AFFIDAVIT — 

of district clerk to be attached to his annual report 98 

to statement of taxe- voted 107 

must accompany appeals 130,131, 133 

must be made to application for dictionaries 137 

AGE OF CHILDREN — 

entitled to attend school free 171 

ALTERATION — 

of proceedings of district meetings 27, 44, 45 

ALTERATION OF SCHOOL-DISTRICTS — 

to be made by to«n board of supervisors 1,2 

notice of meeting of supervisors to consider 8 

notice of, to be tiled with towu clerk and diatrict clerk 9 



202 

ALTERA.TION OF SCHOOL-DISTRICTS— continued. Page. 

not to take effect within three mont 'S without consent of 

district board 9 

not to take effect between the first day of D cember and 

the drsr. day of April following 9 

of joint districts, how made 5 

of joint di-trlcts, embra'-ing villages or cities 13 

of subdistricts. how made 140 

ANNUAL DISTRICT MEETING— 

when to be held '. 15 

not to be dee ned illegal for want of notice 17 

notice for, how given 17 

powers of 25-45 

ANNUAL REPORT- 

of district clerk 98-103 

of town clerk 103 

of county superintei dent 103 

of city superintendent or clerk 103 

of btate superintendent 103 

ANNULLMENT— 

of teachers' certificate by county superintendent 80, 87, 93, 134 

noti e thereof to be filed with town and district clerk 80 

of teachers' state certifijate, by state snperinteadent 76, 81, 84 

APPARATUS— 

naonpy to purchase may be raise i by tax 26, 38 

may be purchased by dicstrict b ard ... 53 

APPEALS - 

from refusal of county snperintendent to grant a certificate 

may be taken b}'^ applicant 79, 119, 134 

may be taken by other persons in certain cases 128 

decisions of state supe in en lent final 169 

decision to be made within thirty days after the hearing 

thereof is closed 129 

regulations concerning , 130 

APPENDAGES- 

board to provide for the school-house 53 

APPOINTMENT— 

to fill vacancy in district board , 49 

APPORTIONMENT OF SCHOOL MONEYS— 

by town clerk 104,155 

by st te superintendent 153 

not to b- made to districts failing to comply with the law. . 153 

how affected by alteration of districts 156 

B. 

BLACKBOARDS— 

money may be voted for 26 

BOARD— 

(See county board rf supervisors.) 
(See town boaril of directors.) 
(Ste town board of supervisors.) 
(See district board.) 



203 

BOOKS — Page- 
for records and other purposes, to be purchased by district 

board 53 

for r. fi;isier, to be furnished by district clerk ^ 71 

to be furnished to indigent pupils 53,65 

text-books t > be determined by district board 62, 63 

text-books adopted by city and village boards of education. 139 

text-books may be purchased by district 26, 43 

text-books purchased by city and vil age boards of educa- 
tion 139 

BORROWING MONEY — 

by school-districts 109, 110 

by boaid of scliool directors 149 

BRANCHES — 

to be taught in school 73 

additional ones may be taught 73 

c. 

CERTIFICATE — 

of value of s'hool-houses, etc 12 

of town treasurers of moneys to be apportioned 105 

of qualification granted to teachers 75, 85 

three grades established 75 

tliird grade, what studies applicants for, must be exam- 
ined in 75 

second grade, what studies appJic.Hnts for, must bo exam- 
ined in 75 

first g-ade, what studies applicant « for, must be exam- 
ined in 75 

of graduates of free high schools may be countersigned, 

and have fore- of first grade certificates for four years. . . 79 

may be annulled 76, 80, 81, 84 

teachers' state, provided for 77, 80, 83 

teachers' state, conditions of 81,85 

diplomas of graduates of state normal schools, Milwaukee 
normal sch ol, state university, and other colleges, con- 
verted into teachers' state 83, 85 

of judgmcLit against school-district 119 

CHALLENGE — 

of voters 22 

CHILDREN — 

of town or county poor, how educated 139 

CITIES — 

districts Iving in. how a''ered 13 

no part of, to be embodied in new joint districts 13 

to make report to county superintendent in certain cases. . . 103 

to be governed by tbe cimimon school code in certain cases. 140 

powers of boards of education in cities 140 

CLERK — 

(See district clerk, town clerk.) 

COLLEGES — 

incorporated to report to 8*ate superintendent 168 



204 

COMMON SCHOOLS — Page. 

to be free to children of certain ages 171 

no sectarian instruction to be allowed therein " 171 

fund for support of \ 171 

to be maintained bix months in each year, or not share in 

the fund 153 

fund, how distributed 136 153 

what shall be taught in '. ' 73 

government of .... 59 

exercises in, must be conducted in the English language. . 68, 73, 74 

COMPULSORY EDUCATION— 

law relating to 64-67 

CONSTITUTIONAL PROVISIONS— 

in regard to state superintendent 171 

in re ard to school fund 171 

in regard to common schools 171 

CONSTITUTIONS- 

to be taught in common schools 73 

CONTRACT— 

with teacher to be made by district board 55-59 

certificate to be attache^l thereto 55 

to be filed in clerk's office 55 

COUNTY BOARD OF SUPERVISORS- 

to levy school tax upon the towns 152-154 

COUNTY SUPERINTENDENT— 

to examine and license teachers 87 

to visit ^chools 87 

to direct dist ict board to rej air schoul-houses 87 

to declare school-house unfic for use 87 

to annul teachers certificate 80,87,93 

to report to ounty clerk and state superintendent annually 88, 103 
to transmit to state superintendent names and post-offices of 

town clerks , 88 

to hold teachers' institutes 88 

to divide his county into inspection districts 88 

to notify district clerks of time and place of meeting for ex- 
amination of teachers 88 

to hold two meetings for examination of teachers in each in- 
spection district annually 88 

may give applicant private examination 88 

to give couucy treasurer stat<-me'it of number of children 

in his couniy (.ver 4 and under 20 years of age 103 

may annul teacher's certificate 80, 87, 93 

to give not ce of intentiofi to annul certificate 80 

to file notice of annulment with town and district clerk. . 80 
to give per- on api ealing from his refusal to grant a certifi- 
cate, h s reasons fur such refusal 79 

not to act as agent for author, publisher or book seller 136 

not to engage in teaching or other occupation , . 89 

to attend annually one convention of county superintend- 
ents 170 



205 

COUNTY TREASURER- Page. 

to apply to ftate treasurer for school money apportioned by 

state superi itendent " 155 

to give notice to town and city treasurers 155 

how to aispo:e of moneys uncalled for 156 

D. 

DEBTS— 

of school-district, tax may ue vofed for 26, 28 

of extinguished district, how paid 14 

DECISION— 

of district meeting, town supervisors, etc., may be appealed 

fr. m 128 

of btate buperinteodent to be final 169 

DEED — 

district board may execute 50 

DICTIONARY — 

Webster's, to be furnished to school-districts 137 

DIRECTOR — 

when to be elected 22 

term of office 45 

to call special district meetings in certain cases 18 

to countersign orders on treasurer 67 

to prosecute district treasurer 67 

to demand additional security of treasurer 68 

to prosecute for non-attendance at school . . 65 

DISTRIBUTION- 

of income of school fund 152 

DISTRICT — 
(See school districts .) 

DISTRICT BOARD - 

who shall constitute it ' 47 

legal meeting of 47 

to fill any vacancy in their own number 49 

to purchase or lease site for school-house 50 

to build school-house , 50 

to construct school-house with doors swinging outward. ... 50 

to sell school-house or site 50 

to have the care of school- house, etc 52 

to provide appendages for school-houses 52 

to keep school-house in repair 52 

to purchase apparatus, record books, blanks, etc 53 

to present account of exp nses incurred to district meeting 53 
mty purchase school books for children whose parents are 

unable to furnish them 53 

to levy school tax in certain cases 55 

to hire teachers ,,. 55 

may make rules for the government of the district school. . 59 

may suspend or expel pupils 59 

have power to adopt text-books 62 

to visit and supervise schools 63 

to ascertain what children do not attend school 64 

to furnish sucli children text-books 65 



203 

DISTRICT CLERK - 

to include monpys due new districts in statement of tax Page. 

made to town clerk 11 

to give notice of district meeting 17 

to call special meetings 18 

to demand additional security of treasurer 68 

to report name and post-oflBce of district officers to town 

clerk - 71 

to keep a record of proceedings of district meetings and of ' 

di-trict board 71 

to di'aw orders oa dis rict tre tsurer 71 

to furnish register for use of teacher 71 

ti> makereport to town clerk 98 

to f ertify district taxes to town clerk 107 

to subscribe for Journal of Education 137 

DISTRICT LIBRARY — 

tax may be voted for 26, 39 

to be vested in the several joint districts 115 

of adjoining districts may be united J 1 15 

to be in charge of librarian 115 

regulations concerning 115-118 

DISTRICT MEETING — 

first one, h > w notified 2 

annual, when held 15 

anuual, notice for, haw g ven > 17 

special, ho ^v called 18 

to be called by town supervisors in certain cases 4 

DISTRICT PROPERTY— 

may be sold 26, 37, 50 

boarJ to have care "f 52 

how divided on division of district 11 

DISTRICT TAXES — 

assessment and collection 106-108 

limit of, for all purposes 39 

limit of, for building, hir ng, or purchasing school-house 25 

limit of. for teachers' wages 25 

DISTRICT TREASURER— 

wher selected 25, 30,45 

term of office - 45 

to call speci J dis rict meetings in certain cases 18 

to execute and tile bond 68 

to give additioual security waen demanded by dire^itor and 

clerk .■ 68 

to receive and pay out moneys 69 

to keep a book and make a report 69 

to hand over to successor, moneys, papers, etc 69 

to prosecute town treasurer 70 

DIVISION- 

of school-districts 5, 8-11 

of property H 

of joint libraries 115 

DUTIES- 

of town clerk and treasurer 104 



207 



E. 



EDUCATION 



compulsory 64, 67 

constitutional provisions in relatio > thereto 171 

of children maintaioed at public charge 139 

ELECTION— 

of sciiODl officers 25, 30, 45 

of state superintendent 168 

ELECTORS OF A SCHOOL-DISTRI :!T— 

to assemble at first district m^-eti g 4, 5 

their powers at first or annual meeting 25, 45 

EMBEZZLEMENT— 

what constitutes 70 

puuishment for 70 

EQUALIZATION OF TAXES— 

by town board of assessors 106 

ESTABLISHMENT— 

of school-house sites 113 

of free high schools 120 

EXAMINATION OF TEACHERS - 

in what branches to be instituted 76 

meetings for, how notified, and when held 88 

private, granted in certain cases 88 

for teachers' state certific .tes 80 

as principals of free high schools 123 

EXPENDITURES — 

of district board, how allowed 436 

EXPULSION — 

of schola- s from school 59 



F. 



FEE — 



for tuition of non-resident pupils 26, 40 

may be remi te l to residents over twenty 59 

FINES, FORFEITURES. Etc- 

for refusal to notify fi st meting in new district 135 

for rrfusal to act as chairman of district meeting 135 

for refusal of districr officer to serve 135 

/or neglect of duty by d strict officer 135 

fur neglect of officer to deliver records, papers, etc., to his 

^uccessor 135 

imposed on district clerk for neg'ecting to make report 135 

for neglect of town clerk to make report to county Tsuperin- 

ten enl 135 

for refusal of town supervisors to carry into effect anj' de- 
cision of state superintendent 136 



208 

FINES, FORFEITURES, Etc. Page. 

for neglect of county superintendent to make annual report 135 

for neglect of teacher to keep register 86 

for drawing order for any purpose not authorized by law. . . 136 

for countersigning such order 136 

any elector authorized to prosecute for, in certaia cases .... 136 

lor sch lol officers and teachers acting as booi£ agents 137 

for school officers ordering change in text-books, within 

three years of adoption 136 

FORMATION — 

of school-districts 1-4 

of joint districts 5 

of free high school districts , 120-121 

of township districts 140 

FORMS — 

to bft furnished officers 103 

of affidavits in appeal ca^es 130, 131 

of notice of appeal by teacher 134 

of order organizing new district 173 

of order organizing joint district 175 

of notice for first meet ng by town supervisors 173 

of notice for first meeting to be left at residence of voter. . . 174 

of retKrn of notice for first meeting 174 

of notice by supervisors for meeting when there is no offi- 
cer to call one 174 

of acceptance of district office 175 

of notice of meeting to alter d strict boundaries iT^ 

of order altering district bijundaries |l-76\ 

of consent to order of alteration l76\ 

of awarding property to new district "i\76 

of notice for annual meeting lOT 

of notice for adjourned district meeting 17\ 

of request for special district meeting 177 \ 

of notice of special district meeting 178 

of notice to officers of election 178 

of refusal to accept district office 179 

of refusal to accept office on appointment 180 

of appointment to vacancy in district board 179 

of deed of school-house site 180 

of lease of school-house site 181 

of contract between di-trict and teacher 181 

of bond of district treasurer 182 

of call on treasurer for additional security 183' 

of order on treasurer 183 

of school register to be kept by teacher 183-186 

of notice of apportionment by town clerk 186 

of certificate of town treasurer to town clerk 187 

of report of names and post-office address of district clerks. . . 187 

of statement by district clerk of tax voted 188 

of statement by district clerks of tax voted by joint districts . . 189 
of determination of relative proportion of taxes in joint 

district — 188 

of application for establishment of school-hou-e site 189 

of certifi ;ate tliat notice of meeting to establish site has 

been given 190 

of notice for meeting of supervisors to locate school-house 

site 190 

of certificate of establishment of school-house site 190 

of certificate of vacancy in county superintendent's office . . 191 

of notice of division of county, and consequent vacancy. . . . 191 

of statement of number of school children in the county. . . 191 



209 

FORMS — continued. Page. 

of notice of intention to annul teacher's certificate 193 

of aunulmeut of teach^^r's certificate and notice to town clerk 192-193 

of applic ition for dictionary 194-196 

of application for map 197 

of resolution proposing establishment of high school 198 

of notice that the foregoing resolution will be submitted to 

vote 198 

of certificate to state superintendent of establishment of 

free high school 199 

of petition for submitting question of town system of schools 200 

of notice that the foregoing question will be submitted 200 

FREE HIGH SCHOOLS — 

how established and supported 120-128 

free to all resident pupils 123 

examination for admission to 123 

principles of, qualifications, when to be examined 123 



G. 

GOVERNMENT OF SCHOOLS — • 

rules and regulations for, to be made by district board 59 

township system of, provided for 140 



H. 
HOLIDAYS — 

what days are legal 101 

I. 

INCOME OF SCHOOL FUND — 

to what shall be applied 171 

how t ) be distri hu ed 152 

when to be apportion ed 153 

to be applied by districts to payment of teachers' wages. . . . 156 

couMty treasurer t > apply for 155 

annual state tax to increase the 153 

INSTITUTE - 

teachers' to be held by each county superintendent 88, 96 

J. 

JOINT DISTRICT - 

how formed, or altered 5 

JOURNAL OF EDUOTION- 

school officers may subscribe for 137 

JUDGMENTS— 

against school-dis^rict8, how collected 119 

no execution to issue on 119 

14— S. C. 



210 



L. 

LEASE- Page. 

district board may lease house or site 50 

LIABILITIES— 

tax may be voted to discharge 26, 38 

LIBRARIAN- 

of district library, who may be 115 

of joint libraries, how appointed 115 

his duties 115-118 

LIBRARY- 

of district, amount of tax for 26, 39 

title to be vested in districts board 115 

of two or more adjoining districts may be united 115 

regulations conceroing 115-118 

town, law for establishing 118 

LIMIT- 

to school-district taxes 35,27,39 

LOAN— 

district may make upon unusual exigency 109 

district may make, to build school-house 109 

from the trust funds, how made 110 



M. 



MAP— 



town clerk to make and keep in his office 104 

fco accompany appeals 130 

of Wisconsin, sold by state superintendent 138 

MAPS— 

money to purchase may be raised 26, 38 

MISCELLANEOUS LAWS- 

sundry 135 

MONEYS— 

not to be apportioned to eountie3 failing to raise amount re- 
quired by law 152 

due new districts how raised 12 

to be paid to individuals in certain cases 12 

of extinguished districts, how disposed of 14 

may be voted by school-districts 25, 44 

collected of defaulting treasurer, how applied 67 

not to be apportioned to districts which have not main- 
tained school six months 153 

not called for in one year to be reapportioned 156 

collected from town clerk and county superintendent, how 

apportioned 135 

collected on forfeitures, how applied 136 

MONTH— 

number of days in , 156 

teacher's 85 



211 

NOTICE- 

of apportionmeot to be given to county clerk and county Page. 

treasurer by state superintendent 15* 

for first meeting of school-district 2 

in case of neglect of inhabitants to assemble 4 

for meeting of supervisoi's to alter school-district 8 

of alteration of school districts 9 

of alteration of joint school-districts 5 

of annual district meeting 17 

for special district uaeeting 18 

for meeting of supervisors to establish school-house site . . . 113 

for teachers' examination 88 

NORMAL SCHOOLS- 

laws respecting 161-167 

o. 

OATH— 

administered to challenged voter 23 

OFFICERS- 

of school-districts 45 

women eligible to be 139 

of free high school-districts 133 

ORDERS— 

director to countersign 67 

treasui-er to pay money on 69 

clerk to draw 71 

ORGANIZA.TION— 

of a school-district 7 

of free high schools 130-128 



P. 

PARENTS, GUARDIANS, Etc — 

Required to send children to school 64 

PENALTIES — 

(See Fines and Forfeitures. ") , 

POWERS — 

corporate, of a district 7 

of a district meeting 25-45 

of a special meeting 18 

of a school board 47-73 

PROPERTY — 

of a district to be in care of board 53 

division of, when new district is formed 11-13 

personal, assessment of •. 106 

PROSECUTION — 

of actions against school officers 67, 70, 105 

PUPILS — 

may be suspended or expelled ... 59 



212 



Q. 

QUALIFICATIONS— Page, 

of voters , 19-25 

of teachers, how determined 75-85, 123, 124 

R. 

REAL ESTATE — 

districts may hold 7 

taxes on, how assessed and collected 106 

valuation of, how equalized in joint districts 106 

RECORDS — 

of school-district, to be kept by clerk .' 71, 72 

REGISTER — 

to be furnished teacher by district clerk 71 

what to contain, etc 86, 183-186 

neglect to keep, forfeits wages 86 

REGULATIONS AND RULES — 

district board to make 59 

pi'escribed by state superintendent for libraries 115-118 

relating to appeals 130-135 

REMOVAL — 

of district officers by county judge 117 

of county superintendents by circuit judge 89 

REPAIRS OF SCHOOL-HOUSES — 

tax to be voted for 25, 33 

district board to attend to 52 

county superintendent to direct 87 

REPORT — 

of district treasurer 69 

of district clerk 98 

of clei'k of joint district 99 

of town clerk 103 

of secretary of town board of directors 144 

of county superintendent 103 

of city superintendent or clerk 103 

of state superintendent 169 

RESIDENCE— Page. 

of voter, how determined 19, 22 

of children 99, 100 

RULES— 

may be made by district board 59 

respecting appeals 130-135 

s. 

SALARY- 

of district clerk provided for 27, 44 



213 

SCHOLAES— Page. 

age of, to attend school free 171 

may be admitted from other districts 26, 40 

may be suspended or expelled 59 

residence of 99, 100 

SCHOOL BOOKS — 

district board shall determine what shall be used 150 

state superintendent to recommend 168 

kind of used, to be reported 99 

district board may purchase for indigent pupils 53, 65 

district boards may determine what kinds shall be used .... 62 

districts may authorize boaixl to purchase 26, 42 

city and village boards of education may adopt 189 

these boards may purchase 139 

SCHOOL-DISTRICTS— 

how formed , 1-4 

to consist of "contiguous territory 1 

not to be altered so as to leave indebteJness exceeding 

five per centum of valuation 1 

size of 1 

notice for first meeting of 2 

organization how restorc^d , 4 

when to be considered organized 7 

officers of, to file written acceptance of office 7 

corporate powers of 7 

to be bodies corporate 7 

contracts \\ ith 7 

qualification of votei's in 19-24 

alteration of 8-11 

alteration of, not to take effect for three months, in certain 

cases 9 

not to be changed between 1st day of December and 1st day 

of April following 9 

joint, how formed 5 

officers of 45-47 

po wt-rs of 25-45 

extinguishment of 8, 14 

annual meeting of, when h^-ld 15 

notice for annual meeting of, how given 17 

may borrow money 26, 109, 112 

judgment against, how collected 119 

SCHOOL FUND INCOME— 

(See Income of School Fund.) 

SCHOOL-HOUSES — 

site of, how designated and established 25-112 

tax to build, how limited 25, 27, 30-40 

may be sold 26, 37, 50 

district board to have the care of 52 

district board to provide appendages for 52 

district board to repair 52 

repairs on, may be ordered by county superintendent 87 

may be declared unfit for use 87 

SECTARIAN INSTRUCTION- 

not allowed in district schools 171 



214 

SITE OF SCHOOL-HOUSE— Page. 

how designated 25, 32 

how established in certain cases 112 

what lands may not be taken for ] 14 

SCHOOL FUND— 

how formed 171 

distribution of income of 152 

SPECIAL DISTRICT MEETING— 

notice for, how given 18 

how called 18 

tax or loan voted at, how collected 107, 108 

STATE CERTIFICATES— 

provided for 77, 80-85 

limited 81 

diplomas of gi-aduates of state normal schools, state univer- 
sity, and other colleges, when countersigned become 83-85 

STATE SUPERINTENDENT - 

to appoi'tion income of school fund 152 

to certify apportionment of school fund iacome 153 

not to apportion money in certain cases 153 

to decide appeals 128 

to furnish school officers with blanks for their annual reports 103 

to furnish amendments of school law to districts 103 

STUDIES— 

to be taught in school 73 

in which applicants for certificates are to be examined 76-85 

in which principals of free high schools are examined 123 

SUIT- 

district to give direction for prosecution or defense of 26, 43 

against district, director to defend 67 

SUPERVISORS- 

(See town board of supervisors, and county board of supervisors.) 



TAXES— 

to be raised by towns and cities for support of schools 153 

to raise money due new districts, how assessed 12 

for school-house and site, limitation of 25, 27, 32, 33 

for payment of teachers' wage3 25, 27, 36, 37 

to pay district indebtedness 26, 38 

for the purchase of maps, charts, and apparatus 26, 38 

for district li brary 26, 38, 39 

not to be voted at special meeting unless three-fourths of the 

legal voters are notified of the meeting 18 

general district, how assessed and collected 106-108 

special district, ho (v collected 107-108 

school-district, on what property to be assessed 106, 107 

to pay judgment against district, how assessed and collected 119, 120 

deficiency in levy to be made up 153 

total amount that may be levied by school-district 27 



TEACHERS— Page. 

tax for wa9:es of limited 25, 27, 37 

to keep register 86 

to report to district board and county superintendent 86 

to be examined and licensed 75, 76 

to forfeit wages for neglect to keep register 86 

TEACHERS' INSTITUTES — 

to be held by county superintendent 88, 96 

expenses of, how provided for 167 

TERMS — 

of school may be fixe i by vote of district 26, 43 

TEXT-BOOKS— . ^, 

district may authorize board to purchase 13, 42 

district board to select 62 

to make list of, file it with the clerk, and post it in the school 

room 62 

list of, adopted not4;o be changed for three years 62, 139 

penalty for changing the list of. adopted. .- 136 

adopted by city and village boards of education 139 

purchased by these boards on what conditions 139 

laws relating to 26, 42, 63, 136, 139, 169 

TOWN BOARD OF DIRECTORS — 

provided for 140 

powers of 140-153 

TOWN BOARD OF SUPERVISORS — 

to form and alter school-districts 1,5 

to issue notice for first meeting of 3 

to call meeting in district having no officers to call same. . . 4 
to ascertain and determine the amount of property due new 

district 11-18 

to dispose of property of extinguished district 14-15 

to locate and establish school house sites 112 

to ba fined for refusal to carry into effect any decision of 

state superintendent 136 

TOWN CLERK — 

to fill vacancy in district board 49 

to make a report to county superintendent 102 

to see that district clerk-i make correct reports 104 

to file reports and papers 104 

to i-ecord description of school-districts 104 

to make a map of town ;•••.•• ■^^^ 

to report name and post-office of himself and of district 

clerks to county superintendent 104 

to apportion school moneys 104, 155 

to re-apportion moneys not called for in a year 156 

to assess district taxes 108 

to asess tax to judgment agiinst school-district 119 

TOWN TREASURER — 

to receive and pay out school money 104, 105 

to certify to town clerk amount of school money in his 

hands 105 

to certify amounts paid by him to districts previous year, . . 105 

to prosecute county treasurer 105 



216 *^ 

TOWNSHIP SYSTEM OF SCHOOL GOVERNMENT— Page. 

provided for 140-150 

advantages of , 150-153 

TRANSFER — 

of deficiency in county school tax 152-153 

TRUST FUNDS - 

loans may be made from 110-149 



u. 



UNIVERSITY — 



of the state provided for , 157 

laws in relation to 157-161 



V. 

VACANCY — 

in district boai'd, how fillei 49 

how may occur 49 

VALUATION — 

of property in joint districts, to be equalized by town asses- 
sors 106 

VISITING SCHOOLS — 

required of school officers , 63, 87,94 

VOTERS — 

who may be 19-35 



w. 

V7AGES OF TEACHERS — 

tax voted to pay 25, 87 

to be specified in contract 55 

public money to be applied in payment of 156 

when forfeited 86 

WEBSTER'S DICTIONARY - 

how distributed 137 

forms of application for 194-196 

WOMEN — 

eligible as school officers 139 

may vote at elections on school matters if law to that effect 
is approved at general election in 1886 30 



. Library op r.oNr.PFSs 



